General Terms and Conditions
The conditions of sale below are an integral part of any contract concluded between the company BLUE SHAKER – Little Hero Luxembourg SA, 22 avenue de la liberté – BP 1057 – L1930 LUXEMBOURG and the customer (hereinafter “customer”) and its successors .
BLUE SHAKER provides its services, services and deliveries solely on the basis of these general conditions of sale.
Contract / Contractual services
In accordance with the provisions of the Civil Code on the conclusion of online contracts, the contract will be concluded when you click on the button allowing you to confirm your order after having viewed the details of it and in particular its total price and having had the possibility to correct any errors.
Customer requests may be rejected, in particular when the order does not correspond to BLUE SHAKER's requirements or when the customer is recognized as a bad payer with a banking institution.
The contracts and delivery addresses are valid for the countries of Europe, Switzerland and the United States; outside these countries BLUE SHAKER grants itself the right not to take into account the validity of the transaction. If payments have already been made, then they will be reversed / credited to the account to which the credit card belongs.
The language offered for the conclusion of the contract is French.
We keep the text of the contract. You can always consult our general conditions of sale at: https://shop.blue-shaker.com/fr/pages/general-terms-and-conditions.
Delivery, delivery times
Delivery is made from BLUE SHAKER's stock, unless otherwise confirmed in writing.
Partial deliveries are permitted and are considered as individual deliveries, unless a partial delivery is, exceptionally, not acceptable to the customer. The additional costs generated by the splitting of a delivery are not invoiced to the customer.
BLUE SHAKER always strives to meet the deadlines indicated. In the event of delay on the part of BLUE SHAKER, the buyer may terminate the contract in accordance with the following provisions.
The notice period which must be granted to BLUE SHAKER is set at two weeks. This period runs as soon as the customer sends the formal notice to BLUE SHAKER. This remark does not apply if the formal notice is not reasonable for the customer. This applies in particular in the event of fixed-term transactions or when the customer has no interest in issuing a formal notice for imperative legal reasons.
In the event of delivery problems which do not fall within the area of responsibility of BLUE SHAKER (in particular in the event of force majeure) and which have not been caused by its behavior, BLUE SHAKER is authorized to withdraw from the contract if the obstacle to the performance of the service is not of a temporary nature, without it being obliged to provide compensation. During the duration of the obstacle, BLUE SHAKER cannot be put on notice. The purchase price already paid is refunded in the event of termination of the contract.
Orders and all services are executed by BLUE SHAKER only in the absence of arrears from other contracts. The installments are first deducted from the receivables, interest and costs still due, and this, in the order of the due date.
The purchase price is due immediately upon conclusion of the contract and is debited in advance.
All prices are final consumer prices, including VAT.
The customer is authorized to pay by credit card.
In the event of non-payment by the customer, in particular if the latter recovers payments already made or interrupts its payments or if BLUE SHAKER becomes aware of facts calling into question its solvency, BLUE SHAKER is entitled to demand the full of the amount remaining to be paid.
In the event of non-entry to the debit of a direct debit or cancellation of credit card debits, BLUE SHAKER reserves the right to charge processing fees, the amount of which will be defined on a case-by-case basis, unless the customer shall not be liable for failure to debit or reverse credit card charges.
All shipping costs, in particular packaging, transport, transport insurance and handover are borne by the customer. All prices and additional costs are calculated on the basis of the price lists in force at BLUE SHAKER at the time of preparation and dispatch of the goods.
Any additional shipping costs due to an incorrect delivery address or recipient are the responsibility of the customer, unless he is not responsible for the incorrect information.
Title retention clause
BLUE SHAKER remains the owner of the goods delivered until payment of all debts already due or due to BLUE SHAKER.
If the customer is late in paying the purchase price, BLUE SHAKER is entitled to take back the objects subject to the retention of title clause after warning and expiry of an appropriate period of formal notice resulting therefrom. By asserting its right of retention of title and by removing or seizing the goods, BLUE SHAKER does not terminate the contract if the latter is subject to non-binding law in force, in particular if it is subject to the provisions regulating credit to consumption.
Guarantee / Transfer of risk
The data, diagrams, illustrations, technical characteristics, descriptions of weights, dimensions and power indicated in prospectuses, catalogues, mailings, advertisements or price lists are given for information purposes only. BLUE SHAKER declines all responsibility for the accuracy of these indications. With regard to the type and volume of the delivery, only the details given in the order and in the order confirmation are decisive.
No warranty is given as to color fading or water resistance of prints. BLUE SHAKER expressly reminds that the prints are exclusively intended for indoor use, in closed premises.
Technical differences (in particular in the cutout of the image and the colors of the print) between the delivered goods and the documents of the offer are permitted and do not constitute errors, as long as they are within an reasonable and the purpose of the contract is not materially limited. Slight commercially customary color differences in the print may occur when the customer's monitor is configured differently and not set to actual color. Black and white prints may have a slight color cast, which is customary in the trade. Complaints, vouchers or replacement prints are excluded in this case, unless the difference exceeds the usual commercial scope.
The limitation period for asserting rights under the warranty for material defects is 24 months and runs from the handover of the item purchased. If the customer is an entrepreneur (§ 14 BGB), the period is 12 months from the handover of the item. For used goods, the limitation period is also 12 months from delivery of the goods.
Merchants are subject to legislation, research and reprimand duties according to the Luxembourg Commercial Code.
Limitation of Liability
BLUE SHAKER can only be held liable for damages caused by premeditation or gross negligence on its part, with the exception of injuries (life, body and health) and the violation of essential contractual obligations (essential rights of the co-contractor ). This also applies to direct and indirect damage as well as loss of profit.
The liability to consumers, with the exception of damage caused by intent or gross negligence and injury (life, body and health) and the violation of essential contractual obligations (essential rights of the other party), is limited. damage normally foreseeable at the conclusion of the contract and, with regard to the amount, the average value of the damage typical for this type of contract. This also applies to direct and indirect damage as well as loss of profit.
Liability to contractors, with the exception of injuries (life, body and health) and damages caused by willful intent or gross negligence on the part of BLUE SHAKER, is limited to damages normally foreseeable upon conclusion of the contract and, with regard to the amount, to the average value of the typical damages for this type of contract. This also applies to direct damage as well as loss of profit.
The limitation of the liability incurred defined in articles 1 to 3 also applies to the collaborators and vicarious agents of BLUE SHAKER.
Liability claims arising under product liability law remain unaffected.
Data protection is subject to the information given by BLUE SHAKER on this subject.
Right to retract
Description of the right of withdrawal
As a consumer customer, you have a period of 7 days to exercise your legal right of withdrawal. In the case of an order for products, the period is counted from the receipt of the products. In the case of an order for the provision of services, the period runs from the acceptance of the offer. If the 7-day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day. You do not have to provide a reason to exercise your right of withdrawal. You will not suffer any penalty.
Modalities for exercising the right of withdrawal
In the event of exercise of the right of withdrawal, you must return the PRODUCT to the following address: BLUE SHAKER – Little Hero Luxembourg SA, 22 avenue de la liberté – BP 1057 – L1930 LUXEMBOURG. Return costs are your sole responsibility. The exercise of the right of withdrawal gives rise to a refund of the sums paid during the order as soon as possible and at the latest 30 days from the date on which you exercised this right. The refund will be made by bank transfer.
Exceptions to the right of withdrawal
PRODUCTS made to consumer specifications or clearly personalized (canvas prints and framed posters)
We have a 7 day return policy which means you have 7 days after receiving your item to request a return.
To be eligible for a return, your item must be in the same condition that you received it, unused, and in the original packaging. You will also need proof of purchase.
To request a return, you can contact us at email@example.com. If the return of your item is eligible, we will send you the necessary instructions for returning your package. Return costs are the responsibility of the customer Items returned to us without first requesting a return will not be accepted.
You can always contact us with any return questions at firstname.lastname@example.org.
Damages and problems
Please inspect your order upon receipt and contact us immediately if the item is defective, damaged, or if you receive the wrong item, so that we can assess the problem and correct it.
Exceptions / non-returnable items
Certain types of items cannot be returned, including personalized products (such as framed posters and canvas prints). Please contact us if you have any questions or concerns regarding your specific item.
Unfortunately, we cannot accept returns on sale items or gift cards.
We will notify you once we have received and inspected your return, and let you know whether or not the refund has been approved. If approved, you will automatically be refunded to your original payment method. Keep in mind that it may also take your bank or credit card company some time to process and post the refund.
These general conditions of sale are subject to Luxembourg law to the exclusion of United Nations purchasing law. Mandatory provisions of the state in which the customer has his usual place of residence remain unaffected.
If the customer is a trader, a legal entity under public law or own assets under public law, has no general place of jurisdiction in his country or has moved abroad after conclusion of the contract or if his domicile is unknown at the time of filing the complaint, the place of performance and jurisdiction is that of the headquarters of BLUE SHAKER.
In the event of invalidity of certain provisions of this contract or in the event of contradiction between certain provisions of this contract and the legal provisions, the validity of the other provisions of the contract shall not be affected.
Status of the T&Cs: November 2021