These general terms and conditions of sales, services, and payments apply to all purchases made between HIFI INTERNATIONAL S.A. and third parties through its INTERNET sales site. They therefore apply to all objects sold or services rendered by HIFI INTERNATIONAL S.A. within the framework of the aforementioned trade via INTERNET. They are only applicable to Internet sales. They always apply unless otherwise stipulated in a written document signed by either party for what binds them. HIFI INTERNATIONAL reserves the right to modify its service without any other formality than the presence of an online notice and to incorporate the resulting modifications into these general terms and conditions of sale. In any case, the Customer is presumed to have read and accepted the general terms and conditions of sale by confirming the Order.
The seller is the company HIFI INTERNATIONAL S.A. established at 2 Rue Läiteschbaach, L-5324 Contern.
3.1. The information provided on the HIFI INTERNATIONAL site does not in any way constitute a contractual offer so that the mere intention expressed by the buyer to acquire them cannot alone create the contract. 3.2. On the other hand, the information provided by the buyer when on the HIFI INTERNATIONAL site constitutes an offer to purchase which falls within the application of these general terms and conditions. Following this offer, HIFI INTERNATIONAL S.A. will send an order confirmation including the price of the goods or services ordered including the related taxes as well as the price of any transportation of the goods and the total amount to be paid by the buyer as well as the place and delivery time. 3.3. The contract is deemed to be formed on the day the confirmation email with acknowledgment of receipt is sent to the buyer. 3.4. The contract is therefore considered concluded at the headquarters of HIFI INTERNATIONAL S.A., 2 Rue Läiteschbaach, L-5324 Contern. 3.5. The concluded contract is archived. 3.6. HIFI INTERNATIONAL may refuse to honor one or more orders when sufficient suspicions of proof are established. 3.7. HIFI INTERNATIONAL has chosen the OGONE POS-SERVER system ("Electronic Transfer Center") so that no confidential banking data transits through the www.hifi.lu Site. OGONE verifies the accuracy of the banking details provided by the Customer and informs them immediately before any order confirmation of the acceptance or refusal of the transaction. Payment for the Products is therefore made through OGONE and will appear on the Client's payment statement. The Client's account will be debited immediately after the order confirmation in the case of in-store delivery or home delivery of the items.
Without prejudice to the above, the contracting parties accept that the computer records they have made within their respective computer systems under reasonable security conditions are admissible as proof of their relationship or the contract that binds them. By applying this contract, it is considered that the retention of computer data takes place under reasonable security conditions if documents are systematically recorded in an unalterable and permanent database.
5.1. Definition of the Right of Withdrawal As this is a contract concluded at a distance by electronic means, HIFI INTERNATIONAL S.A. intends to identify itself in accordance with the contact details specified in article 2. The consumer has the right to notify the seller that he renounces the purchase without penalty and without giving any reason within 14 working days from the day after the delivery of the product or the conclusion of the service contract. If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day. The withdrawal period is ten working days for goods from the day they are received by the consumer if the order confirmation by email has been delivered. For services, it is from the day of the conclusion of the contract or from the day the order confirmation by email has been completed, provided that this period does not exceed three months. In case of non-compliance by HIFI INTERNATIONAL S.A. with the obligation to confirm the order by email, the withdrawal period is extended to three months for goods from the day they are received by the consumer, for services from the day of the conclusion of the contract. If within this period of three months the order confirmation by email is delivered, the period of seven working days starts from said confirmation.
5.2. Conditions of Exercise The consumer must notify his intention to withdraw by email. If the consumer exercises this right, he must return the delivered product at his own expense and risk to the administrative headquarters of HIFI INTERNATIONAL S.A., 2 Rue Läiteschbaach, L-5324 Contern. The products must be accompanied by the original invoice and delivery note.
HIFI International can also take care of the return of the articles for a flat rate of €10.00 VAT by calling +352 20 80 00 00 or by e-mail to service.clients@hifi.lu and mentioning your name and order number.
The returned products must not have been unwrapped, unsealed, used in any way. They must therefore be returned in their original unopened packaging as they were sealed originally with the intact HIFI INTERNATIONAL control strip. They must be accompanied by the original delivery note and the original invoice. Any opening of the originally sealed packaging or breaking of the HIFI INTERNATIONAL control strip will presume that the device has been used. HIFI INTERNATIONAL S.A. will examine the condition of the returned products within two weeks of their receipt. If the products or their packaging have been damaged, HIFI INTERNATIONAL S.A. will inform the buyer and notify them of the return of the goods to the delivery address defined in article 6.1. If the seal of software has been broken, HIFI INTERNATIONAL S.A. will charge the price of the software in question.
5.3. Cases where the Right of Withdrawal is Excluded Unless otherwise agreed, the consumer cannot exercise the right of withdrawal provided for in articles 5.1. and 5.2. for contracts: 5.3.1. For the supply of services whose execution has begun with the consumer's agreement before the end of the ten working days withdrawal period mentioned in articles 5.1. and 5.2. 5.3.2. For the supply of goods made to the consumer's specifications or clearly personalized or which, due to their nature, cannot be reshipped or are likely to deteriorate or expire rapidly. 5.3.3. For the supply of audio or video recordings or computer software unsealed by the consumer. If the products are returned in their original packaging without being damaged or used, HIFI INTERNATIONAL S.A. will credit the buyer, at the end of the two-week verification period mentioned above, with the purchase price minus the initial transportation costs.
6.1. Place of Delivery - Mandate The buyer must specify in their order where they wish the goods to be delivered. They can either have them delivered to an address of their choice excluding a PO Box or have them delivered to one of the HIFI INTERNATIONAL stores whose addresses are listed on the site. If they choose to have the goods delivered to one of these stores, no transportation costs will be charged. If they choose to have them delivered to a specified address (other than the aforementioned stores), they will be responsible for the transportation costs specified in the order confirmation, according to the tariff listed on the HIFI INTERNATIONAL S.A. website. In the event of absence at the time of delivery, the buyer will have to reschedule a new appointment with the carrier and the goods will only be delivered against reimbursement of the additional delivery costs incurred. The buyer must designate a general agent for the execution of this agreement who can validly acknowledge receipt of the goods and for any act relating to the execution of the contract.
6.2. Delivery Time HIFI INTERNATIONAL S.A. undertakes to deliver the goods within the period specified in the order confirmation. HIFI INTERNATIONAL S.A. undertakes to inform the buyer of any delivery delay beyond its control. If this exceeds thirty days beyond the initial commitment by HIFI INTERNATIONAL S.A., the buyer may cancel the sale without penalty for either party. They must inform HIFI INTERNATIONAL by email or registered letter within two days of the notification given by HIFI INTERNATIONAL. They will then be refunded the amount of their order and the transportation costs.
6.3. Risks The goods are transported at the risk of HIFI INTERNATIONAL S.A. until delivery in one of its stores or delivery to the address specified by the buyer. From that moment, the buyer assumes all risks. The buyer assumes the risks related to the transport of the goods back to HIFI INTERNATIONAL within the framework of the application of article 5 (Right of Withdrawal) and within the framework of the application of articles 10 and 11 (repair under warranty and out of warranty).
An invoice will always be issued accompanying the delivery note.
8.1. Principle of Cash Payment Payment will occur following the confirmation of the order by email from HIFI INTERNATIONAL S.A. according to the system chosen by the buyer. If the banking or credit institution refuses to authorize the payment, HIFI INTERNATIONAL may consider the sale void.
8.2. Interest Any amount due to HIFI INTERNATIONAL S.A. bears interest at 1% per month from its due date without the need for a reminder, any month started being due. Interest will also be due at the rate specified above in the event of revocation of any payment. In this case, interest will also be calculated from the day after the invoice is issued or the order confirmation. Equivalent interest of 1% per month will also be due by HIFI INTERNATIONAL to its customers for any unpaid amount by its due date as specified in these general terms and conditions or within eight days of the account statement sent by the customer.
8.3. Penalty Clause In case of non-payment of an invoice from HIFI INTERNATIONAL or an account statement established by the customer within eight days of issuance or sending, a lump sum compensation equivalent to 15% of the amount due with a minimum of 75.00 EUR for each unpaid invoice or account statement will be due by the customer or by HIFI INTERNATIONAL for administrative, collection, judicial and extrajudicial defense costs incurred without prejudice to the judicially taxed costs. Consequently, the minimum compensations specified in this article will be cumulative per invoice or account statement and will add up.
8.4. Counting Delays The delays specified in this article are counted by calendar day and not by working day.
8.5. Retention of Title As long as the price is not fully and definitively paid or if the credit institution debits it from the account of HIFI INTERNATIONAL S.A., HIFI INTERNATIONAL S.A. retains or reclaims ownership of the sold objects including replacement parts. The buyer must inform HIFI INTERNATIONAL S.A. of any third-party claim to these objects, whether in the context of a seizure, bankruptcy, or any measure tending to dispossess them.
9.1. The buyer is obliged to proceed with this reception the day after the expiration of the ten-day period specified in article 5. 9.2. Complaints about delivered objects or services rendered must reach HIFI INTERNATIONAL S.A. no later than fifteen calendar days from the day after the expiration of the periods specified in article 5. 9.3. Complaints must be sent exclusively by registered letter to the administrative headquarters of HIFI INTERNATIONAL S.A., 2 Rue Läiteschbaach, L-5324 Contern, to the attention of the site administrator and must be accompanied by a copy of the invoice and the delivery note. No other document will be accepted under penalty of losing the right to assert their warranty. 9.4. After this period, the goods and services will be presumed to have been definitively approved as compliant by the customer, with apparent defects being irrefragably presumed non-existent. 9.5. This article also applies to repairs under or out of warranty. 9.6. It is up to the customer to prove what they claim as a non-conformity.
10.1. Scope HIFI INTERNATIONAL S.A. guarantees the goods it sells and the services it provides in accordance with the law. HIFI INTERNATIONAL S.A. is the provider of the commercial warranty. The invoice, delivery note, and warranty card excluding any other document (such as proof of payment) must be produced to enable the application of this article. No warranty beyond the provisions of these general terms and conditions can be invoked against it. The territorial extent of the warranty covers all countries of the European Community.
10.2. Duration To enforce the seller's legal warranty, the consumer must, by any means, report the non-conformity within two years from the delivery of the goods. No prescription can be acquired before the expiration of this period. The consumer is deprived of his warranty action at the end of a two-year period from the report mentioned in the preceding paragraph, except in the case where he was prevented from asserting it due to the seller's fraud.
10.3. Transport When the client calls for the contractual warranty, they are responsible for transporting at their own expense and risk the devices subject to their warranty request, either to a HIFI INTERNATIONAL store or to the administrative headquarters of HIFI INTERNATIONAL S.A., 2 Rue Läiteschbaach, L-5324 Contern. The fact that said objects are entrusted to HIFI INTERNATIONAL for repair does not entail a transfer of risk on its part, the risk remaining with the customer. The customer must therefore ensure proper packaging to prevent damage, preferably using the original packaging or equivalent.
10.4. Consumer's Right 10.4.1 In case of non-conformity, the consumer has the choice of returning the item and getting a refund or keeping the item and getting part of the price back. There is no need for the sale to be resolved or the price reduced if the seller replaces or repairs the item. The sale cannot be annulled if the non-conformity is minor. 10.4.2 Instead of exercising the option provided in paragraph 1, the consumer is entitled to demand from the seller, unless impossible or disproportionate, the conformity of the item. They can choose between repair or replacement, unless one of these solutions constitutes an excessive burden for the seller. The conformity must be done within a month from the day the consumer opted for conformity. After this period, the consumer can return the item and get a refund or keep the item and get part of the price back. Conformity must be done without any cost or major inconvenience to the consumer, taking into account the nature of the item and the special use sought by the consumer. The seller is also liable for all damages towards the consumer.
10.5. Exclusion The customer loses the right to any contractual warranty as soon as they entrust the repair of a good delivered by HIFI INTERNATIONAL S.A. to a third party or if they attempt to repair it themselves; likewise, if the good has been transformed, modified, personalized, or opened by an unauthorized person, the right to the warranty will also be refused. In any event, the warranty does not cover: the replacement of consumables, batteries, fuses, antennas, headphones, as well as wear and tear of the material. No warranty can also be granted if the failure or defect presented by a device sold by HIFI INTERNATIONAL S.A. results from improper use, transport, or storage of the goods or any act of the customer not in accordance with their obligation to act in a fatherly manner, or any case of force majeure or fortuitous event. The customer will be informed of this situation as soon as possible.
10.6. Liability The liability of HIFI INTERNATIONAL S.A. in relation to the defectiveness of a device is limited to the repair of the device or its replacement with an equivalent item if repair proves impossible. Under no circumstances can indirect consequences of this defectiveness related in particular to the professional or non-availability of the item be claimed against it.
10.7. Return after Repair The buyer must designate the HIFI INTERNATIONAL store where they wish to collect the repaired goods. The return costs of the repaired goods to the store or headquarters of HIFI INTERNATIONAL are borne by HIFI INTERNATIONAL.
11.1. Delivery of Goods The customer is obliged to deliver the goods themselves at their own expense either to a store or to the headquarters of HIFI INTERNATIONAL S.A. specified in article 2. The delivery of the goods does not entail a transfer of risk to HIFI INTERNATIONAL. It is therefore incumbent on the customer to package them in such a way as to prevent damage.
11.2. Quotation Fees If the repair is subject to a quotation that is ultimately not accepted by the customer, they are required to collect the goods within eight calendar days from the notification given to them and must, in addition, pay a sum of 49.00 EUR excluding VAT for quotation fees.
12.1. Any goods repaired under the application of articles 10 and 11 must be retrieved by the customer within eight calendar days starting the day of the notification given to them to collect said goods by email or letter. 12.2. If the customer does not collect the repaired items within six months from the date of this notification, they will be presumed to have abandoned said goods, with ownership automatically transferring to HIFI INTERNATIONAL S.A. which may, if necessary, destroy them. 12.3. Notwithstanding the application of this article, the customer will remain liable for the amount of the invoice and the interest and penalties specified in article 8.
13.1. The buyer is fully responsible for the choice, use, and application of the products and/or services delivered by HIFI INTERNATIONAL S.A. as well as the protection of the data stored or used in relation to them. 13.2. If the customer does not collect the repaired items within six months from the date of this notification, they will be presumed to have abandoned said goods, with ownership automatically transferring to HIFI INTERNATIONAL S.A. which may, if necessary, destroy them. 13.3. The buyer is prohibited from entirely or partially erasing or making invisible the marks and/or identification signs on the products.
14.1. All intellectual property rights on the products made available to buyers by HIFI INTERNATIONAL rest with HIFI INTERNATIONAL or with its suppliers who have authorized it to sell the products. 14.2. Under no circumstances can the buyer copy a product made available to them, nor reproduce, translate, adapt, disassemble, decompile, imitate, modify, analyze, or reverse-engineer it without the express written permission of HIFI INTERNATIONAL S.A. They also cannot counterfeit the goods. They cannot make any changes to the software sold to them. 14.3. They can make a copy of software for backup purposes only for internal use on a specific automated central processing unit (CPU). During these backup copies, the buyer must copy the copyright indications found on the originals and ensure they are part of the copies. Under no circumstances can they dispense with these and will be responsible for their possible fraudulent use by a third party whatever the cause.
15.1. Confidential Consultation of the Site Anyone can consult the HIFI INTERNATIONAL site without revealing their identity or providing personal information. Only email addresses are recorded while their user remains anonymous. Knowing the email addresses allows HIFI INTERNATIONAL to evaluate the frequency of visits to the site and the consultation time. The user remains anonymous, however.
15.2. Placing an Order As soon as the user decides to acquire goods or services through the system, they are required to reveal their identity, email address, postal address, and possibly other personal information necessary for the completion of the contract. Once the information is collected, HIFI INTERNATIONAL uses it to manage orders. This information may also be used to disseminate information about HIFI INTERNATIONAL's commercial activities to its customers by any means of communication. HIFI INTERNATIONAL undertakes, however, not to disclose the information it holds to another company or business offering similar services, except within the framework of the activities of HIFI INTERNATIONAL group companies. HIFI INTERNATIONAL also retains personal data to facilitate future orders. At any time, the registered user can request to consult the information stored about them and, if necessary, correct it if it is inaccurate by addressing their request to the "File Master", namely HIFI INTERNATIONAL S.A. at the address specified in these general terms and conditions to the attention of the "E-COMMERCE" service.
16.1. HIFI INTERNATIONAL S.A. can transfer all its rights under any contract concluded with its buyers to third parties. The transfer covers both its rights and obligations, provided it informs the buyer of this situation. 16.2. Conversely, the buyer cannot transfer their rights and obligations to a third party without the prior written consent of HIFI INTERNATIONAL S.A.
For any dispute, Luxembourg law is applicable. In the event of a dispute, the consumer will first contact HIFI INTERNATIONAL S.A. to obtain an amicable solution. Note: In the case of purchases from abroad, the customer becomes an importer in their country; they will then have to pay all local taxes according to the legislation in force in their country.