Terms of service

GENERAL TERMS AND CONDITIONS

applicable to the sale of goods by the company Guerk & Partners Sàrl

§1 GENERALITIES

Article 1.1: These general terms and conditions aim to define the terms and conditions for the execution of sales of rice straws made by Guerk & Partners Sàrl, a company based at 34 am Steffesgaart L-5222 Sandweiler (hereinafter the “Seller”), to business customers (hereinafter the “Client”).

Article 1.2: These General Conditions are automatically accepted by the Client at the time of placing a written order, whether it is done by email, purchase order, or any other means of formalizing a written order. They apply to all sales made by the Seller.

Article 1.3: The Seller reserves the right to adapt or modify these general conditions at any time. The applicable General Conditions are those in force on the day of the invoice date.

§2 FORMATION OF THE CONTRACT

Article 2.1: The order of rice straws by the Client constitutes a contractual commitment and acceptance of these General Conditions.

§3 DELIVERY AND EXECUTION

Article 3.1: All orders are processed and dispatched within 1-3 business days, excluding weekends and holidays.

Article 3.2: We offer standard shipping methods for domestic and international orders.

Article 3.3: Expedited shipping may be available upon request, with additional charges applied.

Article 3.4: Delivery times are estimated at 24 to 72 hours for domestic transport and 5 to 7 business days for international transport.

Article 3.5: These delivery or order execution times are given in good faith but exclusively as an indication. They can in no case constitute a firm commitment by the seller to deliver on a fixed date, justify the cancellation of the order by the client, or give rise to damages or penalties for delay.

Article 3.6: Upon dispatch the customer will receive an email containing tracking information.

Article 3.7: Customers can track their orders through the designated courier’s website.

Article 3.8: Customers are responsible for providing accurate and complete shipping addresses.

Article 3.9: We do not assume responsibility for orders lost or delayed due to incorrect shipping information provided by the customer.

Article 3.10: Shipping insurance may be available for an additional fee upon request.

Article 3.11: Customers interested in purchasing shipping insurance should contact customer support before placing their order.

Article 3.12: Upon delivery of the goods, the client undertakes to check the goods and immediately report any non-compliance or apparent or easily detectable defect.

Article 3.13: The client undertakes to report any non-compliance and any defect not provided for in Article 1.1 within 7 days from its discovery.

Article 3.14: We will work with the designated courier to investigate and resolve any issues regarding damaged shipments.

Article 3.15: In the event of lost shipments, customers should contact our customer support team within 3 days of the expected delivery date.

Article 3.16: We will work with the designated courier to investigate and resolve any issues regarding lost shipments.

§4 PAYMENT

Article 4.1: Invoices must be settled within 30 days from their date of issue, exclusively by bank transfer.

Article 4.2: When, by way of exception to Article 1.1, payment deadlines have been expressly granted, any delay, even partial, in the payment of one or more installments automatically triggers the immediate enforceability of the entire outstanding balance.

Article 4.3: When, by way of exception to Article 1.1, discounts and rebates have been granted, these are applicable only if the invoice is fully settled within the specified deadlines. Otherwise, discounts and rebates will no longer apply, and the full amount of the invoice must be paid.

Article 4.4: Invoices not paid by their due date will automatically bear interest at the rates provided by the law of April 18, 2004, and the directive of February 16, 2011, from the due date, automatically and without any prior notice, without prejudice to any other damages.

Article 4.5: In accordance with Articles 8 and following of the law of April 18, 2004, and Article 6 of the directive of February 16, 2011, any reminder or formal notice will be invoiced as expenses at a rate of €25.00. If judicial recovery is necessary, a minimum of €1,000.00 in lawyer’s fees will be borne by the Client.

§5 PENALTY

Article 5.1: In case of non-payment of the balance of the price by the due date, the debtor undertakes to pay the creditor compensation corresponding to 10% of the unpaid balance per day of delay. This compensation is due automatically, without prior formal notice, solely due to the debtor’s failure to respect the due date.

§6 CLAIMS

Article 6.1: Any dispute regarding the invoice must be made in writing by registered letter with acknowledgment of receipt within 10 days. After this period, the invoice is considered duly accepted.

§7 RETURNS

Article 7.1. Products eligible for return must be unused, undamaged, and in their original packaging.

Article 7.2. Returns are accepted within 7 days from the date of arrival.

Article 7.3. Customized or personalized items cannot be returned.

Article 7.4. To initiate a return, customers must contact our customer service team at sa***@gr**********.lu

Article 7.5.  Customers are responsible for the return shipping costs unless the return is due to a manufacturing defect or error on our part.

Article 7.6. Once the returned item is received and inspected, we will send an email notification to the customer regarding the status of their refund.

Article 7.7. If the return is approved, the refund will be processed to the original method of payment within 14 days.

Article 7.8. We do not offer direct exchanges. Customers wishing to exchange an item must follow the return process outlined above and place a new order for the desired item.

Article 7.9. In the event that a product arrives damaged or defective, customers must notify us within 7 days of receipt.

Article 7.10. We will arrange for a replacement or refund, depending on the customer’s preference.

§8 FINAL PROVISIONS

Article 1.1: The client expressly declares to waive any own general conditions.

Article 1.2: The contract will be governed regarding its formation, validity, interpretation, and execution by Luxembourg law.

Article 1.3: In case of dispute, the Courts of Luxembourg City will have exclusive jurisdiction.

Article 1.4: The client undertakes to hold the seller harmless from all legal and attorney fees.