GENERAL TERMS AND CONDITIONS OF SALE

STUDIO delle ALPI

1. Scope of application

1. STUDIO delle ALPI, a limited liability company (société à responsabilité limitée) established and having its registered office at L-5957 Itzig, 19, rue de l'école, registered with the Luxembourg Business Register under number B115058, offers the online sale and home delivery of design items, in particular scarves and other accessories, under the trade name "Hannibal Motors", from its Site www.hannibalmotors.com.

1. These general terms and conditions apply to all Contracts concluded with the Seller via the Site.

1. Definitions

1. The term "Seller" refers to the pre-qualified limited liability company STUDIO delle ALPI.
2. The term "Customer" refers to any natural or legal person contracting a sale of goods with the Seller via the Site.

1. The term "Consumer" refers to the Customer who is a natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, craft or liberal profession activity.

1. The term "Contract" refers to any sales contract concluded between the Seller and the Customer.

1. The term "Site" refers to the www.hannibalmotors.com website.

1. Offer, order and conclusion of the Contract

1. The Site provides a description of the goods offered by the Seller. However, material errors may occur. These are not binding to the Seller.

The Customer acknowledges that the description provided on the Site is not exhaustive and that it cannot serve as the sole basis for his/her decision to purchase. The goods are presented as accurately as possible on the Site. However, minor variations (including, but without limitation, with respect to the color of the goods) between the photographs, visuals, drawings and logos used on the Site and the goods delivered may exist and do not trigger the Seller’s liability.

1. By completing the sales form on the Site and confirming the order, the Customer makes a definitive offer to purchase. The Customer may also send an offer to purchase by e-mail to the address indicated for this purpose on the Site. 

The Customer shall provide correct and up-to-date contact details.

1. The Seller only accepts the Customer's offer to purchase by issuing a written proof of acceptance or by sending the product ordered.

The Seller reserves the right to refuse any offer to purchase without giving reasons.

1. The goods offered by the Seller are only offered for sale to end users residing in the European Union and Switzerland. On request and subject to acceptance by the Seller, they may be delivered to other countries.

1. Prices

1. Unless otherwise stated, prices are inclusive of all taxes.

1. Transport, delivery and other charges may be added to the price displayed.

1. Customers are informed of the total price, including transport and delivery costs, before they are asked to confirm their order.

If the Customer chooses delivery outside the territory of the European Union, any local taxes are not included in the price as defined above and remain payable by the Customer.

1. The Seller's claim is due and payable as soon as the Seller has accepted the Customer's offer to purchase in accordance with §3(3).

1. The Customer agrees to receive invoices electronically, by e-mail only.

1. Payment

1. Payment can only be made using the payment methods offered on the website.

1. The Customer authorises any third party, acting on behalf of the Seller and whose name is indicated at the time of payment, to debit the Customer's debit/credit card, where applicable, for the amount due in accordance with the Contract.

The Seller does not come into possession of the Customer's bank details and accepts no responsibility for the protection of these details.

1. The Customer agrees to provide valid and up-to-date bank details.

1. Delivery, delivery terms, retention of ownership, transfer of risk

1. The product will only be delivered once payment has been received in full.

1. Subject to §3(4), delivery may only be made within the European Union and Switzerland and will take place within a maximum of thirty (30) days.

1. The Customer undertakes to be in a position to take delivery of the goods ordered or to designate a natural person to take delivery during the time slot announced for delivery. Failing this, any additional transport costs will be borne by the Customer.

1. The Seller reserves the right of ownership of the goods ordered until they have been paid for.

1. The risks incurred by the goods are transferred to the Customer who is not a Consumer as soon as payment is made.

1. Resolutory clause

1. In the event of non-payment within the meaning of §5 within three (3) weeks of validation of the order by the Customer, the Contract shall be automatically terminated.

1. Intellectual Property Rights

1. The sale of any goods offered for sale on the Site does not entail the transfer of any intellectual property rights (including in particular, but without limitation, any copyright). All intellectual property rights associated with the goods remain the exclusive property of the Seller.

1. Upon purchase of the goods, the Customer is granted a non-exclusive, non-transferable license to use the goods solely for their intended purpose. This license strictly prohibits any reproduction, distribution, modification, or creation of derivative works without the prior written consent of the Seller.

1. The Customer agrees not to engage in any activities that infringe upon the intellectual property rights of the Seller, including but not limited to copying, reproducing, publishing, transmitting, distributing, displaying, or commercially exploiting the goods or any part thereof.

1. Legal right of withdrawal

1. The Consumer has the right to withdraw from the Contract orally, in writing or on any other durable medium, but without giving any reason and without penalty. Notification of the right to withdraw should be sent to the following address:

STUDIO delle ALPI

19, rue de l'école

L-5957 Itzig

Grand Duchy of Luxembourg

Tel: [●]

E-mail:  [●]

The right of withdrawal must be exercised within fourteen days from the date of physical receipt of the goods by the Consumer or by any other person designated by the Consumer. In the case of multiple orders, the withdrawal period runs from receipt of the last item ordered.

To exercise their right of withdrawal, Consumers can use the form below

MODEL WITHDRAWAL FORM

[Insert link] Download in PDF format.

(Only complete and return this form if you wish to terminate the contract)

For the attention of STUDIO delle ALPI, [], [e-mail address] :

I/We (*)____________________ hereby notify you of my/our (*) withdrawal (*) from the contract for the sale of the following products/service (*)____________________.

Ordered on (*)____________________ /Received on (*)____________________

Name of consumer(s) ____________________

Address of consumer(s) ____________________

Signature of consumer(s) (only if the form is submitted in paper format) ____________________, ____________________

Date ____________________

(*) Delete as appropriate.

1. Where the Consumer exercises his right of withdrawal, all payments received from him, including delivery costs (with the exception of additional costs arising from the fact that the Consumer has chosen, where applicable, a method of delivery other than the standard method offered by the Seller), will be reimbursed to the Consumer on the day on which the Seller receives the goods or proof that the goods have been returned. The direct costs of returning the goods will be borne by the Consumer.

1. In accordance with article 222-9 (7) of the Consumer Code, the Consumer may not exercise the right of withdrawal for orders that are made to measure, made to his/her specifications or clearly personalised.

1. Legal guarantee of conformity

The Seller is obliged to deliver goods that comply with the Contract.

1. Limitation of liability clause

Without prejudice to consumer protection legislation, the Seller shall not be held liable for :

• damage caused to the Customer by the unavailability of goods, their late delivery, inappropriate or incorrect use or defective maintenance;

• hidden defects in the goods delivered; and

• damage caused by the goods delivered.

The Seller is exonerated from liability in all cases of force majeure linked to irresistible, unforeseeable circumstances beyond its control.

1. Online settlement of consumer disputes

In the event of a consumer dispute, a complaint can be lodged via the https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR website.

1. Links to other sites

The Site may contain links to other sites which may be useful or of interest to the Customer. The Seller does not systematically control the content of these sites and cannot be held liable for their content.

1. Data protection

In order to inform Customers of what happens to their personal data processed in the context of order fulfilment, the Seller uses a privacy statement which can be consulted here: [link to be inserted].

1. Amendment and severability of the general terms and conditions

1. The Seller reserves the right to modify these terms and conditions in the future.

1. Customers are subject to the general terms and conditions in force at the time of their order.

1. If any clause of these terms and conditions is deemed invalid, void or unenforceable for any reason, that clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses.

1. Applicable law and jurisdiction

1. Each Contract is governed exclusively by the laws of the Grand Duchy of Luxembourg.

1. Any dispute relating to the formation, interpretation, validity, performance or dissolution of a Contract shall fall within the exclusive jurisdiction of the courts of the judicial district of Luxembourg, Grand Duchy of Luxembourg.

1. Contact details

STUDIO delle ALPI

19, rue de l'école

L-5957 Itzig

Grand Duchy of Luxembourg

Capital: 12.500,00 EUR (twelve thousnd five hundred euros)

R.C.S. number: B115058

VAT identification number: [●]

Establishment authorisation: 10042328 / 0

E-mail: [●]