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OPERATING CONDITIONS
 
Preamble
These Terms of Use and legal information apply to any contractual relationship between Golf and Greens, a trademark of the company Cloud-Power Luxembourg sa, whose registered office is located at 77 route d'Arlon, L-8530 Capellen, and each visitor who purchases a good or service via the website www.golfandgreens.eu, hereinafter referred to as "Customer" or to whom reference is made by "you" or "your". The term "Parties" refers to both Golf and Greens and the Client.
 
1. Fields of application
 
Each visit to and use of the www.golfandgreens.eu website is subject to these terms of use ("Terms of Use"). Visiting and using the Website automatically implies that you agree to the following Terms of Use. If you do not accept these Terms of Use, you must leave the Website immediately.
For the purposes of these Terms of Use, you will be referred to as "You", "Your" or "User".
Golf and Greens reserves the right to change the conditions stated on the website, including these terms of use, at any time. It is therefore recommended that you regularly consult these terms of use.
 
2. Definitions
 
Website: the website on which you found these Terms of Use.
User, you, your: any legal or natural person who visits the website.
 
3. Legal information
1) Information about Golf and Greens
This website is managed by Cloud-Power Luxembourg nv,
whose registered office is located at
77 route d'Arlon,
L-8530 Capellen,
Grand Duchy of Luxembourg.

VAT : LU 29073359
RC: B 212130
You can reach Cloud-Power Luxembourg sa at the following
 address:
Postal address: 77 route d'Arlon, L-8530 Capellen, Grand Duchy of Luxembourg)
Tel: +352 20 600 820

E-mail: info@cloud-power.eu
2) Description and purpose of the website
With the present website, Golf and Greens offers you the following services (indicative and non-limitative list):
- The communication of optional information relating to Golf and Greens, its product ranges (and more particularly, but without limitation, in relation to the characteristics of various products, the objectives of use, availability, price, etc.), its products and services, as well as its services and products.An online store allowing you to purchase Golf and Greens products via this website and have them delivered to your home or to the address of your choice;

-A communication platform between you and Golf and Greens, to be used for all requests for information and all types of communication between you and Golf and Greens.
- The use of various specific services:

  • the possibility to create a Golf and Greens profile, allowing you to easily manage your Golf and Greens customer file
  • the possibility to participate in competitions organised by Golf and Greens
  • the possibility to participate in events organized by Golf and Greens

 
3) Languages
This website is available in French and English
 
4) Steps for concluding a contract
The order is made in several steps ("Order Process"):
 1) You select the desired products and fill your virtual shopping cart;
 2) Once you have decided to proceed to payment, you will receive a summary allowing you to detect possible erroneous entries and to correct them before definitively placing the order;
3) When you have completed your purchases, you will receive a final summary (= "Summary Screen") and you will have the possibility to definitively accept your order;
 4) You then proceed to a payment request. Payments by credit card and bank transfer are accepted.

 
5) Protection of privacy and processing of personal data
For more information about the processing of personal data by Golf and Greens via this website, please refer to the Privacy Statement.
 
4. General use of the website
 
1) Access to the site and services
The use of the website and online services offered by Golf and Greens is reserved for use exclusively for non-professional purposes by:

  • Major Users, and
  • Minor Users who have received their parents' permission to do so.

Golf and Greens may associate access to certain online services with the registration and creation of an online profile by the Website User. The personal data that you communicate to Golf and Greens within the framework of this registration are treated in accordance with the Privacy Policy.
 
2) Prohibited behaviours
By using the website and the online services offered by Golf and Greens, in particular the services that allow the User to place content on the Golf and Greens website you agree to refrain from the following actions:

  • committing illegal acts;
  • illegitimately processing the personal data of other users of the website or online services, appropriating the identity of a third party, publishing or disseminating contact details and other personal information about a third party, by any means whatsoever ;
  • to disseminate or publish directly or indirectly messages or illustrations that are harmful, offensive, racist, inciting to hatred, revisionist, immoral, violating privacy;
  • disseminate or publish, directly or indirectly, information on his political, philosophical or religious opinions, trade union membership, health or sexual orientation or any other personal information;
  • disseminate or publish content or messages on behalf of third parties;
  • disseminate content or messages that harm or may harm the interests of Golf and Greens.

 
5. Miscellaneous provisions
 
1) Content published by Golf and Greens
By using this website, you explicitly acknowledge that the information and data provided is and remains the property of Golf and Greens.
This website, its layout, texts, logos, illustrations and other elements as well as the selection and graphic charter are protected by copyright, trademark law, the law covering computer programs and/or the law relating to databases. Any reproduction or public communication of all or part of this website, in any form whatsoever and by any means whatsoever, is entirely forbidden, except with the prior written authorization of Golf and Greens.
The denominations, trademarks, trade names, illustrations and logos used on this website are legally protected trademarks and/or trade names and are the property of Golf and Greens. Any use of these as well as of these intellectual property rights is strictly forbidden, except with the prior written authorization of Golf and Greens.
In case of violation of the above-mentioned rights, Golf and Greens may initiate all criminal and civil proceedings deemed appropriate.
 
2) Liability
2.1 Liability in relation to the use of the website
Consultation and use of the website is the sole responsibility of the User.
The Website may include hyperlinks to third party sites; by clicking on these links, you acknowledge that Golf and Greens cannot guarantee their content and that the opening of such links is therefore at your own risk.
Golf and Greens cannot be held responsible for any damage resulting from the consultation and/or use of its website (and the information it contains) or from the visit of third-party websites to which the Golf and Greens website links.
Golf and Greens may suspend access to the Website temporarily or not for technical or other reasons, including the maintenance of the Website or parts thereof. The User accepts these interruptions and waives any claim for compensation in this respect.
The use of the website by the User implies having read and accepted the characteristics and limitations inherent to the Internet, including the technologies related to the reaction time required to consult or explore the Golf and Greens web server, the technical services, the risk of interruption and, more generally, the risk inherent to the transfer of data over the Internet.
Further to the aforementioned provisions, Golf and Greens or any company linked to Golf and Greens which publishes advertisements or offers services via the Golf and Greens website can in no way be held responsible for the following facts (non-exhaustive and non-exhaustive list):

  • information available on the website that has not been published by Golf and Greens;
  • possible network failure that hinders the proper functioning of the website;
  • loss of data ;
  • any software failure ;
  • all the consequences of a computer virus, bug (software error), anomaly or failure;
  • possible damage to the User's computer for any reason whatsoever.

2.2 Liability for the performance of contractual obligations
If Golf and Greens fails to respect its contractual obligations, its responsibility cannot be invoked in case of circumstances beyond its control or in case of force majeure. The entire responsibility of Golf and Greens is exclusively limited to possible direct damages, and in no case to any indirect damages, such as, but not limited to, loss of profits, commercial losses, loss of opportunity or advantage, loss of data, failures or any other form of indirect damages that could not be foreseen at the time you consulted the site or made a remote purchase. Golf and Greens also declines all responsibility for damages related to the use of the Internet (cuts, viruses, etc.).
 
6. Disclaimer
 
By using the site, the User agrees to hold Golf and Greens harmless in principal, costs and expenses for any possible damage, direct or indirect, resulting from the following:

  • claims of third parties in relation to the content that the User has published on the Golf and Greens website, in particular in the event of violation of the rights of a third party as a result of
    • to content published online by the User or to damages related to press offences;
    • infringements of third-party intellectual property rights;
  • any activity related to a use of the site in contradiction with the law and/or these provisions and conditions, for fraudulent purposes or not;
  • violation of these Legal Information and Terms of Use.

If Golf and Greens becomes aware of potential or actual damage, it will immediately notify the User of the action envisaged or introduced, and the parties will consult on the further handling of the dispute.
 
7. Territorial competences
 
Any dispute arising from the interpretation and execution of these Legal Information and Terms of Use shall be subject to the exclusive jurisdiction of the Luxembourg courts and tribunals. Unless otherwise provided by law, only the courts of Luxembourg are competent to take cognizance of disputes either between the User(s) and Golf and Greens, or between Users among themselves.
Luxembourg law is exclusively applicable.


TERMS AND CONDITIONS OF SALE
 
Online sale www.golfandgreens.eu
 
    Art.1 - Purpose
The purpose of the present general conditions of sale is to define, exclusively because of the relations they establish on the Internet network, the rights and obligations of the parties arising from the online sale of the products offered on the www.golfandgreens.eu website.
These terms and conditions apply to online sales on European territory, to the exclusion of any other document, whether the buyer is a professional or a consumer.
The acquisition of a good or service through this site implies an unreserved acceptance by the buyer of these terms and conditions of sale.
The sale can be concluded in English or French.
    Art. 2 - Products/Prices
1) Products: the products offered for sale by the seller are those listed on the site, on the day of consultation by the user, within the limits of available stocks.
Each product is accompanied by a description drawn up by the supplier.
The photographs in the catalogue are as faithful as possible but cannot ensure a perfect similarity with the product offered, especially with regard to colors.  These products and services are offered within the limits of available stocks.  If, despite its efforts, all or part of the items are unavailable, the seller informs the buyer by email as soon as possible and offers the buyer the possibility to choose between waiting or cancelling the order of the unavailable items at no charge.  Available items will be delivered normally.
2) Prices: Prices are indicated in Euros and are valid in all countries of the Euro zone. They take into account possible reductions as well as VAT, applicable on the day of the order.  The prices applicable to the order are those in force at the time of confirmation of the order.
3) The shipping costs will amount to 10 EUR to 1,500 EUR for deliveries in Europe depending on the products purchased.
 
    Art. 3 - Registration and validation of the order
The buyer, who wishes to purchase a product or service must obligatorily:
- Fill in the identification form on which he will indicate all the contact details requested or give his customer number if he has one;
- Fill in the online order form giving all the references of the products or services chosen;
- validate his order after having checked it;
- make the payment under the conditions laid down;
- confirm his order and payment.
Confirmation of the order implies acceptance of these terms and conditions of sale, the acknowledgement of having perfect knowledge of them and the renunciation to avail oneself of one's own terms and conditions of purchase or other conditions.
All the data provided and the recorded confirmation will serve as proof of the transaction.  The confirmation will be worth signature and acceptance of the operations carried out.
The seller will communicate by e-mail confirmation of the registered order.
 
    Art. 4 - Delivery
For all available items, the delivery time is 10 calendar days (working days) from the day after the day following the validation of the order by the buyer.
For all articles/goods made according to the buyer's specifications or clearly personalized, an indicative and non-binding delivery time is communicated to the customer.
The products ordered by the buyer will be delivered to the address indicated on the buyer's order form, which can only be in the agreed geographical area.  The goods are transported at the seller's risk until the delivery of the goods to the delivery address specified by the buyer.  From this moment, the buyer assumes the risks alone.  Delivery times are only given as an indication; if they exceed sixty days from the order, the sales contract may be terminated and the buyer reimbursed, except for items made to the buyer's specifications or clearly personalized.

    Art. 5 - Right of withdrawal

The consumer has a period of fourteen calendar days to return at his expense the product(s) he ordered, without penalty and without indication of reason in its original packaging and in good condition, suitable for its re-marketing and ask for exchange or refund without penalty, except for the cost of return. This period starts from the day after the delivery of the order.  For goods that are the subject of successive deliveries, the withdrawal period begins to run the day after the day of the first delivery.
WARNING: No retraction will be accepted if the returned product is unsuitable for re-marketing. Consequently: - The product must be returned in perfect condition, in its original packaging, unopened, unsealed, undamaged, unmarked .... - The product must be accompanied by all its accessories. Failing this, the product will be returned to you, at your expense.
The product must be returned at your expense in its original packaging with a photocopy of the original invoice.
This right of withdrawal does not apply to the professional buyer.
If the aforementioned conditions are met, the purchaser shall be reimbursed, within fourteen calendar days of withdrawal, for any sums he has paid in payment.
The purchaser does not have a right of withdrawal in the case of contracts for the supply of goods which are made to the purchaser's specifications or which are clearly personalized or which due to their nature cannot be returned or are liable to deteriorate or expire quickly, nor in the case of the supply of audio or video recordings or computer software which has been unsealed by the purchaser.

    Art. 6 - Payment

All orders imply a participation in the shipping costs mentioned in art. 2. Only VISA-MASTERCARD, Paypal or bank transfer are accepted as payment methods.
During the validation of the order, the buyer is invited to indicate the number of his VISA or MASTERCARD credit card and the expiry date on the order form: payment is then made according to the terms agreed with his bank.
The items ordered remain our exclusive property until full payment of the order by the buyer.

        Art. 7 - Warranty

The buyer must keep the delivery note. If an article does not suit him, the buyer has 14 days to return the goods, provided that they are in the same condition as when they were sent. The buyer benefits from the legal guarantee for any lack of conformity existing at the time of delivery of his article, if he did not know or was not supposed to know the defect at the time of the conclusion of the contract and if it appears within two years from delivery.  In this case, the buyer may demand either the repair of his article or its replacement and, if neither of these solutions is possible, either an appropriate reduction in the price or the termination of the contract, under the conditions provided for by Luxembourg law. To do so, the buyer shall notify the seller in writing at the latest within two months from the day on which he noticed the defect. If the defect appears within six months of delivery, it is in principle up to the seller to prove that it did not exist at the time of delivery.  After the two-year period, the Buyer may no longer demand the repair or replacement of his article. The costs of preparing and sending the order, as well as the handling costs remain due in the event that the buyer asserts his right to return all or part of his order.

    Art. 8 - Protection of privacy with regard to the processing of personal data.

The personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders and for the establishment of invoices. This information is strictly confidential. The lack of information implies the automatic rejection of the order.  The buyer may at any time have access to this data and apply for its correction, by sending a letter or an e-mail accompanied by a photocopy of both sides of his identity card. Further information concerning the protection of privacy with regard to the processing of personal data can be obtained from the National Commission for Data Protection 1, avenue de Rock'n'Roll L-4361 Esch sur Alzette.
 
    Art.9 - Intellectual property
All elements of the seller's site are and remain the exclusive intellectual property of the seller.
No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or audio.
Any simple link or hypertext link is strictly forbidden without the express prior written consent of the seller.
 
    Art.10 - Miscellaneous
1) Force Majeure: the seller shall not be liable for the total or partial non-execution of its obligations under this contract, if this non-execution is caused by an event constituting force majeure, in particular the presence of computer viruses, in the event of disruption or total or partial strike, in particular of the postal services and means of transport and/or communications, flood, fire, etc....
Will be considered as cases of force majeure, the events fulfilling the criteria set by the jurisprudence.
2) Partial invalidity: If one or more clauses of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, all other clauses shall remain valid.
3) Entire contract: the present general terms and conditions of sale and the summary of the order transmitted to the buyer form a contractual whole and constitute all the contractual relations between the parties. In the event of contradiction between these documents, the general conditions of sale shall prevail.
4) Applicable law - Jurisdiction: these general terms and conditions of sale and the contractual relations between the seller and the buyer are subject to Luxembourg law. In the event of a dispute, only the courts of the judicial district of the seller's registered office, except in the case of binding public policy provisions, shall be competent.
 
Any order of a product offered on the site implies the consultation and express acceptance of these general conditions of sale.