Terms of service
Terms of service
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (hereafter "GTC") set out the legal terms that apply to use of Äerd Lab websites: www.aerdlab.com, www.aerdlab.lu, (hereafter "Website") as well as to concluded contracts between Äerd Lab and the Customer (hereafter "you" or "your"). Please read carefully and make sure that you understand them, before placing your order on the Website. Please note that by placing an order, you agree to be bound by these GTC. Äerd Lab may change or modify these GTC at any time, and your continued use following such change shall signify your agreement to be bound by the modified GTC. Please read the GTC and check back often. If you do not agree to any change to the GTC, then you must immediately stop using the Website.
About Äerd Lab
Äerd Lab S.à r.l.-S.
439, Z.A.E. Wolser F
Article 1- Acceptance of the GTC
By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these GTC.
As the GTC are subject to change at any time, the applicable version is that in force and published on the Site on the date of the order.
Article 2- Order placement
You declare and certify that you have the legal capacity or authorization from your legal representative enabling you to place an order via the Website and to consume the products ordered.
All orders placed by you are subject to our acceptance. Äerd Lab reserves the right at all times and in sole discretion to refuse to accept an order for any reason and without liability to you.
After you have placed the order with Äerd Lab, you will receive an order acknowledgement by email with your order number and details of the products. This email is only an acknowledgement of receipt and is not an acceptance of your order. The acceptance of your order will not take place until you have been advised the products you have ordered are available and have been paid for in full including any applicable charges. No payment shall be considered to have been received until we have received payment in cleared funds.
Article 3- Price
All prices on the Website are quoted in euro (EUR). They include VAT payable but exclude delivery charges, which are detailed separately. Please note that on all orders placed for delivery outside the Luxembourg it is the customer's responsibility to pay any import duties that may be applicable for deliveries within their own countries.
Äerd Lab may change the prices on the Website at any time and without any notice. Äerd Lab tries to ensure that all prices given on the site are correct. However, mistakes can occur. If we have quoted an incorrect price on the site and if the correct price is lower than that quoted, we will automatically assume that you wish to continue with your order. However if the correct price is higher than that originally quoted, we will contact you to ask if you still want to order the products.
Article 4- Delivery
The delivery times indicated on the Website are purely indicative. The delivery time is counted from the day of full payment of the price of the order. The products are delivered to the delivery address specified by the Customer.
Customer is solely responsible for the non-delivery or the delay of delivery due to an incomplete or erroneous address. The Customer assumes the responsibility of the order’s reception.
Article 5- Payment process
Payments can be made by bank transfer, PayPal or VISA, American Express, MasterCard. Orders will be processed only after successful payment of the invoice.
The supplied products remain Äerd Lab property until the Customer has fully paid the order amount.
Article 6- Cancellation / Withdrawal
Customers have a right to cancel orders for items purchased from Äerd Lab Website within 14 days from the delivery. To cancel the order, Customer should provide Äerd Lab with notice by email to email@example.com within these 14 days and order details in particular order number and delivery date.
-The products must not be opened, damaged and in condition suggesting their use;
-Items returned must be protected and in their original package or equivalent;
-In any event damaged, or used items will not be exchanged nor will a refund be made;
-Customers are responsible for the costs of returning the items to Äerd Lab.
-Upon reception, Äerd Lab will contact the Customer in order to proceed with reimbursement of the payment related to the products concerned.
The returns must be sent by post to the following address:
Äerd Lab SARL-S, 439, Z.A.E. Wolser F, L-3290 Bettembourg, Luxembourg.
If you never received your products, you have 30 days from the day you placed your order to notify us.
All packages are sent with a tracking number. Tracking information is sent to the email address provided at checkout. If your tracking information indicates that your package was delivered but you never received it, please contact your local postal carrier. We are not responsible for providing refunds if your tracking information indicates that your package was delivered.
Article 7- Liability
Once a product has been received by the Customer, all risk of damage to or loss of the items bought by the Customer will pass to the Customer.
To the full extent allowed by law the Customer accepts and agrees that Äerd Lab shall not be liable to the Customer or to any other person for any loss or damage (including consequential or indirect loss or damage), loss of revenue or profits (howsoever described) whether direct or indirect howsoever caused and arising out of the Customer use of Äerd Lab Website and from any product the Customer uses. Äerd Lab assumes no responsibility for the conformity of the products ordered with the legislation and / or regulations in force in the country of delivery.
8.1 Collection, processing and use of personal data
In the context of contractual and pre-contractual relations, Äerd Lab deals with personal data relating to the Customer which may be useful or necessary for managing such relationships, preventing abuse or fraud. The Customer authorises Äerd Lab to carry out such processing of his/her data and acknowledges that Äerd Lab remains free to use the data in relation to the execution of the activity, and, in the absence of opposition, for marketing purposes. Personal data are collected when the Customer makes an order, when opens the account or when registers for the newsletter. When subscribing to the newsletter, the e-mail address is used for advertising purposes, until the Customer unsubscribes from the newsletter. Subject to legal and regulatory requirements, the collected personal data is not intended to be disclosed to third parties other than companies related to the activity of Äerd Lab, particularly subcontractors, about which the Customer can obtain an information upon request. The Customer has a right of access to the information concerning himself/herself, as well as a right of rectification of this information.
Article 9- Complaints
Complaints should be addressed by:
- email to firstname.lastname@example.org; OR
- mail to Äerd Lab S.à.r.l.-S, Rue Laurent Ménager 45, L-2143 Luxembourg, Luxembourg.
The Customer undertakes to examine the delivered items as soon as they are received. We assume no responsibility for any deterioration of the products after delivery. No further claims will be accepted after 24 hours of delivery. After this deadline, all deliveries will be considered in conformity with the order. To benefit from an exchange or a refund, the Customer must return the damaged or non-conforming products within 7 days of the complaint.
The returns must be sent by post to the following address:
Äerd Lab SARL-S, 439, Z.A.E. Wolser F, L-3290 Bettembourg, Luxembourg;
After this deadline, the claim is considered as withdrawn and the delivery accepted. Returns must be made in accordance with the procedure described in Article 6.
Article 10- Jurisdiction and Applicable Law
The relationship between Äerd Lab and the Customer is subject to Luxembourg law. The courts of the Grand Duchy of Luxembourg shall be solely responsible for any dispute between the Client and Äerd Lab.
Article 11- Severability Clause
If any provision regarding these GTC is invalid, the validity of the remaining provisions shall not be affected.
Updated as of 27 July 2022
Äerd Lab SARL-S ("We") is committed to protecting and respecting your privacy.
INFORMATION WE MAY COLLECT ABOUT YOU
We may collect and process the following data about you:
Information you give us. You may give us information about you by registering on our site or by corresponding with us by phone, e-mail or otherwise.
- The information you give us may include your name, address, e-mail address and phone number.
Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit or visits from your IP address, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
We do not process special categories of personal data.
Please note that when you are asked to provide your personal data (ex. during the creation of the account), you may decline. If you choose not to provide the required details which are listed above, we may not be able to provide you with the selected products.
HOW DO WE PROCESS PERSONAL DATA?
We may use your personal data for the following purposes and legitimacy basis:
1. Processing is necessary for compliance with a legal obligation.
- To fulfil our legal obligations related to accounting and civil law.
2. Processing is necessary for the performance of the contract or in order to take steps at your request prior to entering into a contract.
- To send you the purchased products.
3. Processing is necessary for the of legitimate interests.
- To have the proof of the performed transactions.
- To send you client service-related communications (marketing).
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
- to tailor the content that we display to you;
- to ensure that content from our site is presented in the most effective manner for you and for your computer or other device used to access our site.
- for system administration and to report aggregated statistical information about browsing patterns and actions which does not identify any individual;
- to administer our site and for product development,
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- as part of our efforts to keep our site safe and secure;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
DISCLOSURE OF YOUR INFORMATION
We will not usually share your personal information with other third parties without your consent but may do so in the following situations:
- where we are requested to provide information by authorised third parties or regulatory or governmental agencies investigating illegal activities;
- where we believe that an emergency, illegal activity or some other reasonable basis exists for notifying the relevant authority;
- where we use sub-contractors to provide the service. Any such sub-contractor will only use your personal information for the purposes of providing services to us and will have no right to use your personal information for its own purposes;
- We use third party payment processing services when you make payment through our site. We do not have access to any credit card or other financial information processed by the third party.
WHERE WE STORE YOUR PERSONAL DATA
We employ security measures to ensure that your personal information is kept secure.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We respect your rights to determine how your personal information is used and seek to ensure that you are able to exercise your rights at any time to the extent required by the Regulation.
These rights include:
The right to be informed
You have the right to be informed about the collection and use of your personal data.
The right of access
You have the right to obtain a copy of your personal data as well as other supplementary information.
The right to rectification
You have the right to have inaccurate personal data rectified. You may also be able to have incomplete personal data completed - although this will depend on the purposes for the processing. This may involve providing a supplementary statement to the incomplete data.
The right to erassure
You have the right to have personal data erased. This is also known as the "right to be forgotten". The right is not absolute and may be applied in certain circumstances.
The right to restrict processing
You have the right to restrict the processing of your personal data where you have a particular reason for wanting the restriction. This means that you can limit the way that we use your data. This is an alternative to requesting the erasure of data. In most cases we will not be required to restrict your personal data indefinitely, but will need to have the restriction in place for a certain period of time.
The right to data portability
You have the right to receive personal data you have provided to us in a structured commonly used and machine readable format. It also gives you the right to request that we transmit this data directly to another controller.
The right to object
You have the right to object to the processing of your personal data. This effectively allows you to ask us to stop processing your personal data. The right to object only applies in certain circumstances. Whether it applies depends on your purposes for processing and your lawfull basis for processing.
HOW CAN YOU EXERCISE YOUR RIGHTS?
You may contact us to exercise your rights under the Regulation (rights of access, rectification, erasure, portability etc.). We will reply to your request without undue delay (within 5 business days), and in principle within 1 month of the receipt of the request.
Dealing with request is carried out free of charge. Where the requests are manifestly unfounded or excessive, in particular because of the repetitive caracter, we may refuse to act.
You may be asked to provide with additional information in order to confirm your identity, if applicable.
If the request is rejected, you have the right to file a compliant with the National Commission for Data Protection and to seek a judicial remedy. If you reside in another EU Member State, you have to contact your local Data Protection Authority.
ACCESS TO INFORMATION
The Regulation gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of €5 to meet our costs in providing you with details of the information we hold about you.
Our site 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 privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Version : 27 July 2022