Any client or buyer on the website www.adesgolf.com irrevocably accepts the following terms and conditions (the “General Terms and Conditions”).
The website www.adesgolf.com (hereinafter the “Site”) is an electronic commerce (or e-commerce) website available through the Internet network, open to any user of said network (hereinafter the “User”). The Site is the property of Derceto Management S.à r.l. (hereinafter “Derceto Management”), a Luxembourg private limited liability company having a share capital of EUR 12,500, with statutory seat in L-8070 Bertrange, 10a Rue des Mérovingiens, registered with the Luxembourg Trade and Companies register under number B166.265, business license 10034355/0, VAT LU25159379.
The Site allows Derceto Management to present for sale apparels and accessories manufactured by or for Derceto Management under the registered trademarks “Adesgolf” or (hereinafter the “Products”), to Users browsing the Site (hereinafter the “Clients”). Derceto Management and the Clients are hereinafter referred to jointly as the “Parties” and each individually as a “Party”. The Client having validated an order shall be referred to as the “Buyer”.
Derceto Mangement reserves the right at any time, to amend the General Terms and Conditions and publish an updated version on the Site. The applicable General Terms and Conditions are those available on the Site at the time of the order.
Article 1. Object
The General Terms and Conditions apply to the Parties further to the online sale of Products proposed on the Site, notwithstanding any other document.
Article 2. Products and Prices
Only those Products available on the Site at the time of the browsing by the Client are offered for Sale. The offers of Products are limited to the countries of the European Union and Switzerland. The offers of Products and prices are valid within the limits of available stocks, as long as these are visible on the Site.
In addition to the pictures or other representations of the Products, the Client must consult the description of each Product to know its characteristics. The pictures, descriptions and characteristics are appropriately detailed to allow the Client to have sufficient information on the Products. The pictures are not binding.
At any time, the Client may ask further information by sending an email to firstname.lastname@example.org.
Prices are indicated in euro currency (“EUR”), all taxes included. The value added tax (“VAT”) is the one applicable on the territory of the Grand Duchy of Luxembourg. Any proposed conversion to another currency than EUR is for information purposes only.
The prices applied are those available on the Site at the time of the order.
A lump sum amount for sundry order preparation costs and delivery costs shall by communicated to the Client on the Summary Order (as defined below), before the latter is validated. For more details on these costs, please consult our page [Delivery].
Article 3. Order
3.1 Identification on the Site
When ordering, the Client will log on with his email and password unless the Client is not already registered, in which case the Client will be invited to sign in.
The Client has the right to access his personal information and password through the “My Account” page. The Client is sole responsible for the information on his account and password. Derceto Management shall not be responsible in case of loss, inappropriate or fraudulent use of said information. If the Client has forgotten his password, the Client will use the link “Forgotten password” on the identification page. The Client shall then receive an email with his new password that he will be able to modify upon next login.
3.2 Registering the order
The Client who wishes to order choses one or more Products by clicking on “add to basket”.
At any time, the Client may:
⁃ check the number of Products in his basket and obtain detailed information on each of those Products by clicking on “my basket”;
⁃ continue the selection of Products by clicking on “continue purchase”;
⁃ finalize his order by clicking on “order”.
Any new Client must complete the form which is proposed to create his Client account. The Client must complete the form on which he will mention, among other, the information necessary to his identification, including a valid email address and password of his choice (which shall remain personal and confidential), for future identification purposes on the Site.
Any existing Client must identify himself after clicking on “order”, by entering his email address and password.
The Client accepts that both the email address and password are evidence of his identity.
The provision of proprietary information collected within the scope of online sale is mandatory, those information being necessary for the processing and delivery of orders, as well as for the invoicing process. This information is strictly confidential.
After having reviewed his order and once the requested information have been completed by the Client, the latter may only access the next step if he validates his adherence to the General Terms and Conditions by clicking on the dedicated box. Once this step is done, a summary page corresponding to the order will appear on screen (the “Summary Order”). The Client may modify his information on this page.
The page will display:
⁃ the invoicing address of the Client;
⁃ the delivery address of the Products;
⁃ a summary of the order (nature, quantity, price of the Products);
⁃ the total amount of the order excluding options;
⁃ the lump sum fee for the preparation and delivery of the Products.
Article 3.3: Validating the order
After having acknowledged the Summary Order, the Client clicks on “validate” to confirm his order.
The confirmation of the order and the subsequent acknowledgement of receipt form an electronic agreement. This agreement evidences the total order as well as the amount due for the settlement of the order. Once he has validated his order, the Client becomes a Buyer.
Derceto Management reserves the right to refuse the validation of the order if:
⁃ there is an existing litigation with the Buyer;
⁃ the partial or non-payment of a previous order by the Buyer;
⁃ the refusal of payment authorization by banking institutions.
The amount due by the Buyer is indicated on the Summary Order which the Client has acknowledged before validating his order. The amount due is repeated in the Summary Order that is sent to the email address of the Buyer by Derceto Management.
Article 3.5: Acknowledgement of receipt of the Summary Order
Once the payment is done, an acknowledgement of receipt of the Summary Order is sent to the email address of the Buyer, at the latest before the delivery of the Products.
This acknowledgement of receipt of the Summary Order displays the main terms and conditions of the electronic agreement between the Parties.
The acknowledgement of receipt of the Summary Order is registered in the books of Derceto Management, those books being kept on reliable and durable media. The Buyer accepts that the acknowledgement of receipt of the Summary Order be considered as evidence of the contractual relationship between the Parties.
The unavailability of a Product shall be indicated to the Buyer on the invoice that will be sent to the email address of the Buyer at the latest  days after the dispatching of the Products.
Article 4: Delivery
Derceto Management will, on a best effort basis, endeavor that the Products are delivered within 2 to 4 days and with a maximum of 7 business days from the day following the receipt of the payment. The orders that have been registered on a Friday, Saturday or Sunday will be treated the following Monday. The orders registered during Luxembourg bank holidays other than a Friday, Saturday or Sunday will be treated the next business day.
The Products ordered by the Buyer are delivered only to the address indicated by the Buyer, together with an order summary, upon a lump sum fee for the delivery costs.
The Buyer is free to have the Products delivered to an address different than his personal address.
In order to ensure fast delivery and unless indicated otherwise, we confirm that all Products proposed on the Site are in stock. Any order passed before 1200hrs and paid by credit card will be dispatched the following business day (except for weekends and bank holidays).
Derceto Management has chosen DPD (Luxembourg) S.à r.l. for the delivery services. The serviced countries and delivery costs are available on the “delivery” page. For every destination, we have decided on a “free delivery policy” depending on the amount of the basket.
The delivery timing is for illustrative purposes only. Derceto Management shall never be liable for any deviation of such timing.
The Products are delivered at the address indicated by the Client. Any wrongdoing shall be indicated on the order voucher, which shall be signed by the Client.
Article 5. Receipt of the Products
Upon receipt of the Products, the Buyer shall verify the conformity of the Products received with his order. Any complaint on the delivery (e.g. missing or damaged Products) must be notified within 7 days of receipt to Derceto Management:
⁃ by post : Derceto Management S.à r.l., Customer Services, 10a rue des Mérovingiens L-8070 Bertrange
⁃ by email : email@example.com
⁃ through www.adesgolf.com contact page.
Any complaint filed after 7days of receipt of the Products shall be considered null and void, without recourse against Derceto Management.
Derceto Management reserves the right to request the Buyer to return the concerned Products. In case of abusive return, Derceto Management shall have the right to refuse any further order of the Client.
As soon as the Buyer notices the Product is damaged or deviating from the order, the Buyer must contact Derceto Management as stated above. For an efficient treatment of the request, the Buyer will indicate his name, address, Client number and order number, and explain as clearly as possible the motive for the return request. It is advisable that the Buyer attaches pictures to his request.
Derceto Management will confirm the receipt of the Complaint and provide the Buyer with a return code as well as a return tag.
Upon receipt of the return code and tag, the Buyer will prepare the return package, at his own expenses, indicating the return code on a free paper inside the package.
The Products must be returned in the same state and shape as the Buyer has received them i.e. in the original package, folded and without having been worn or used. The Products that are modified in any way, washed, incomplete, damaged, dirty or without their original tag, will not be accepted in return.
Any returned package without return code shall be refused. Derceto Management will not be liable for such package.
The compensation for the returned Products will be, at the option of the Buyer, (i) a reimbursement, (ii) a voucher of same value for the next order or (iii) an exchange for another Product of same value (in such case the delivery costs of the compensation Product will be taken in charge by Derceto Management).
Article 6. Right of refusal
The Buyer has a 7-day right of refusal, upon receipt of the Products, to return, at his own expenses and without motive, the Product(s) that he has received. The Product(s) must in this case be returned, after opening, in its (their) original packaging to the address of Derceto Management, together with the return code, obtained the same way than for a Complaint (see above).
If the above conditions are fulfilled, Derceto Management will reimburse the Buyer for the amount of the Products returned, within 30 days of receipt of the returned Products by Derceto Management. The return costs remain at the expenses of the Buyer.
The right of refusal is exercised by the Buyer without penalty, besides the delivery and return costs which shall be at his own expenses. The compensation for the returned Products will be, at the option of the Buyer, (i) a reimbursement, (ii) a voucher of same value for the next order or (iii) an exchange for another Product of same value (in such case the delivery costs will be charged to the Buyer).
The Products that are modified in any way, washed, incomplete, damaged, dirty or without their original tag will not be accepted in return.
Article 7. IT and data protection.
7.1 Confidential information
Personal information is treated by Derceto Management for Client relationship management and advertising. In order for you to receive offers from our partners, Derceto Management may communicate such information. In accordance with legal provisions, the Client has the right to access or modify his personal information and to limit the use of such personal information. To exercise this right, the Client must address a written request by post to Derceto Mangement S.à r.l., IT Services, 10a Rue des Mérovingiens L-8070 Bertrange.
The Client has the right to refuse the cookies through the settings of his web browser. The personalization of the services will therefore be lost.
7.3 Web beacons
Some pages of the Site may contain web beacons which allow, among other, for statistical references (e.g. number of visits/visited pages on the Site).
These web beacons may be used with some of our partners or providers, in order to measure and improve the efficiency of the Site.
In any case, the information obtained through the web beacons are strictly anonymous and simply allow statistical references in order to improve our services on the Site.
Article 8. Miscellaneous
Derceto Management is not liable for the partial or non-performance of its obligations under the present agreement unless such partial or non-execution results from gross negligence or willful misconduct of Derceto Management. Derceto Management is not liable either in case the partial or non-performance of its obligations under the present agreement is due to the Client, an unforeseeable and unavoidable fact, a third party, or a case of force majeure as defined by the jurisprudence of the Luxembourg courts.
8.2 Entire agreement
The General Terms and Conditions and the Summary Order communicated to the Buyer form together a binding agreement between the Parties.
8.3 Archiving of the transactions
The invoices are archived on a reliable and durable media.
8.4 Applicable laws and jurisdiction
The General Terms and Conditions and the contractual relationships between the Parties are subject to Luxembourg laws. Any litigation can be brought before Luxembourg courts only.
Notwithstanding the above, Derceto Management undertakes to seek amicable settlement before any judicial action.