Auchan Drive general terms
and conditions of sale

Last update : September 2023

1. Scope / information about AuchanDrive.lu

These general conditions of sale (hereinafter the “General Terms and Conditions of Sale”) establish the contractual relationship between Christal SA, a public limited company, whose registered office is at 5, Alphonse Weicker, L-2721 Luxembourg, registered with of the Luxembourg Trade and Companies Register (RCS) under the number B. 105.408, whose VAT number is LU 23819430, holder of an authorisation to trade issued by the Ministère des Classes Moyennes et du Tourisme, sis Forum Royal, 19-21, boulevard Royal, L-2449 Luxembourg (+352 247 84 715) under number 10011432/0 (hereinafter “AuchanDrive.lu”) and any natural or legal person (hereinafter the “Customer(s)”) placing an order on the website accessible at the URL https://www.auchandrive.lu (hereinafter the “Site”).

AuchanDrive.lu can be contacted at the following address (Customer Service):

• Mailing address: 5, Rue Alphonse Weicker L-2721 Luxembourg
• Tel: (+352) 26 75 00 80 00 (price of a local call)
• Fax: +352 26 34 03 98
• Email : contact@auchan.lu

2. Acceptance of the General Terms and Conditions of Sale

In order to validate an order, the Customer must respect the ordering process described in Article 6 below and read and accept the General Terms and Conditions of Sale, including the Special Terms and Conditions of Sale of Alcohol and Tobacco detailed in Appendix 2 hereof, by ticking the box “I have read and I accept the general conditions of sale”.

By accepting the General Terms and Conditions of Sale, you attest and certify:

• that you are a natural person 18 years of age or emancipated having full capacity to order via the Site,
• for individuals under the age of 18 and not emancipated, that you are duly authorised by your legal representatives to order via the Site,
• that you are duly authorised to act on behalf of a legal person and to commit the latter by the order made through the Site.

3. Modification of the General Terms and Conditions of Sale

AuchanDrive.lu reserves the right to modify its General Terms and Conditions of Sale at any time without prior notice to the Customer.

The applicable and enforceable General Terms and Conditions of Sale are those in effect at the time of the actual validation by the Customer of their order made on the Site.

These General Terms and Conditions will prevail over all other conditions contained in any other document, except with prior, express and written waiver of AuchanDrive.lu.

The contractual information is presented in French only. If you are unable to understand the French language and in particular the General Terms and Conditions of Sale, AuchanDrive.lu recommends that you do not place an order via the Site.

4. Access to Site

The acquisition of the products and services offered on the Site implies that the Customer has access to a computer and access to the Internet, any costs of connection and use of the Site remaining at its sole cost and expense.

5. AuchanDrive.lu products and services

5.1 List and characteristics of products and services

The list and essential characteristics of the products and services offered on AuchanDrive.lu are on the Site and may be modified and adapted at any time to better meet your expectations.

The photographs and illustrations used to illustrate the products of the Site are not contractual. The Customer is informed that a difference in presentation between the products bought by the Customer and their representation on the Site may result from a modification of the packaging by the manufacturer or the supplier, without it affecting in any way their content, and that these products cannot be refused by the Customer or give rise to reimbursement or any compensation by AuchanDrive.lu.

The products and services offered on the Site comply with Luxembourg law.

5.2 Product Availability and Promotions

Products and services, and if applicable promotions relating to them, are available at the prices and conditions offered on the Site when placing the order within the limits of available stocks. Unless otherwise specified on the Site, promotional offers including those relating to the WAAOH!!! loyalty programme below, are limited to 5 (five) products of the same kind per account and per household over the duration of the transaction. This limit is raised to 30 (thirty) for the purchase of bottles of wine and champagne (or 5 (five) cartons of 6 (six) bottles). As part of a 100% refunded transaction: this offer is reduced to 1 (one) refund per product, card and household. These promotions cannot be combined with any other promotions in progress. These offers are reserved for individuals. An offer means the same product of the same brand with the possibility to choose from the different formats, varieties, flavours or recipes offered. If applicable, the amount of the accumulated pot on your WAAOH!!! account, as referred to below, will be calculated and credited when you collect / or have your order delivered.

When adding items to their shopping basket, the Customer can see information on the availability of a product before selecting it (items are greyed out in case of rupture of stock).

It is nevertheless specified that the simple act of adding a product to the shopping basket is not the same as validating the order. In other words, the product can become unavailable between the moment it is added to the shopping basket and the validation of the order by the Customer.

It may also be that one or more product(s) ordered from the Site are not available at the time the order is prepared.

In this case, the amount of the order that the Customer has validated and correlatively the price that is invoiced will be recalculated taking into account the items that are lacking, and the Customer’s account will not be debited for the amount corresponding to the items that are lacking.

Upon validation of the order, AuchanDrive.lu will confirm with the Customer the availability of the products ordered.

5.3 Prices of products and services

All orders are payable in euros. The prices of the products and services are likely to be updated from day to day. The prices invoiced are those in force on the day of placing the order. They appear on the presentation sheets of the products and services offered for sale and on the summary of the Customer’s order. The prices indicated are inclusive of all taxes (VAT and taxes specific to products or services).

They do not include the price of the Packages, as defined in Article 6.6 below.

The price of items that could not be delivered will be deducted from the total price of the order that is debited to the Customer.

The price of the products that could not be delivered will be deducted from the total price of the order which will be debited to the Client.

The prices visible on the Auchandrive.lu and Shop.auchan.lu websites are only valid for online purchases and can under no circumstances be required for a purchase in Auchan hypermarkets. Reciprocally, the prices charged in Auchan hypermarkets are not valid for online purchases.

6. Ordering Process and Order / Delivery Collection

6.1 Creating an account

Anyone wishing to order on the Site must, before or after having adding items to their shopping basket, create a personal customer account, by filling out the registration form, where they will include, according to the instructions that appear online and in the fields provided for this purpose, the information required to process their registration, namely their titles of address, last name, first name, postal address, valid e-mail address, telephone number, by choosing a password and validating their registration by clicking the “Validate” tab.

The Customer who wishes to order on the Site expressly undertakes not to use false information or third-party information.

To ensure the correct entry of this information, an email is automatically sent to the Customer to notify them of the registration decision and the customer number that will allow them to collect the order. If the Customer does not receive the email, they are invited to check the address they entered or check their e-mail boxes.

When visiting or placing subsequent orders on the Site, the Customer may access their account by entering their e-mail address and password as recorded at registration.

If a Customer forgets a password, there is a reset password feature on the Site.

The user name and password (“login credentials”) of the Customer are strictly personal and confidential. Any loss or oversight or inability to connect to their account with login credentials should be reported promptly.

The Customer shall keep their login credentials secret and shall not disclose them in any form whatsoever. The storage, use and transmission of login credentials are the sole and exclusive responsibility of the Customer. In particular, the Customer is aware of the insecurity inherent in the use of the automatic connection data storage function that their computer system may allow, and declares that they assume full responsibility for the use and possible consequences of a such a feature.

The Customer is responsible for the use of their login credentials; under no circumstances can Auchandrive.lu be held responsible in the event of a loss or malicious use of it.

Use of this account is personal and any use of login credentials will be deemed to have been made by the registered Customer.

Therefore, Auchandrive.lu cannot in any way be held liable for the harmful consequences resulting from the unlawful, fraudulent or abusive use of the login credentials and access to the Site by a third party not expressly authorised by the Customer that may result from the fault or the negligence of the Customer.

6.2 Home delivery

Eligibility

Eligibility verification is based on postal code only.

The customer is able to see in advance whether their postal code is eligible when they arrive on the auchandrive.lu site or when they wish to change their collection point.
If the customer is connected, the postal code used is the one indicated in his customer area.

Delivery terms

We serve all addresses where the postcode is eligible, delivery is made as
as follows:
– For single-family homes: delivery to the front door of the house
– For apartment buildings: delivery to the front door of the flat
– For offices: delivery at the reception desk.

6.3 Adding items to the basket

The Customer adds item to their shopping basket by choosing the products and services presented on the Site and their quantities and clicking the icon representing a shopping basket located on the product or service card concerned.

The Customer acknowledges having read, at the time of placing the order, specific terms of sale stated on screen (name, price, components, weight, quantity, colour, product features, cost of services and limitation of certain categories of products) and expressly accepts them without reservation.

In particular, it is specified that an order made as part of home delivery is limited to a liquid volume of 40 liters (water, soda, juice, milk, alcohol, detergent, etc.). Also in the context of home delivery, the weight of the order is limited to 80 kilograms. In the event that one or other of these limitations is exceeded, Auchan reserves the right, at its sole discretion, to offer the Customer to pick up their order at an Auchan Drive pickup location defined by Auchan in exchange of the reimbursement of the shipping costs, or cancel the order in exchange for the reimbursement of products and delivery costs. Whatever the option Auchan chooses, reimbursement will be made in priority to the WAAOH loyalty account !!! of the Customer.

6.4 Ordering

To place an order, the Customer must choose the drive in which they wish to pick up or select the home delivery service for their order and use their customer account by filling in their user name and password. This information is saved for statistical purposes, tracking and validation of the order and will not be distributed to third parties without prior authorisation of the Customer.

Once all the products are chosen, the Customer finalises the contents of their basket, if necessary, modifying the quantities, adding or deleting products, then validates their basket by clicking the “Next step” button.

The Customer must then indicate the day and time for the pickup / delivery of the order and validate the choice by clicking the “I validate” button.

If the customer has chosen home delivery, only online payment is available. In case of a pickup at a drive,

There are two payment methods available to customers:

i) In the case of online payment, the Customer may indicate, if applicable, their benefit code and/or deduct totally or partially the amount of their loyalty account WAAOH!!! as referred to below. They will then proceed to pay for their order using a VISA, Mastercard or American Express credit card, by filling in their bank details in accordance with the indications on the Site. This information is encrypted and stored in a secure environment.

For online payments, AuchanDrive.lu uses the secure ACI system which protects against fraud risks and guarantees the confidentiality of credit card numbers.

The Customer must then read and accept the General Conditions of Sale by checking the corresponding box: “I have read and accept the terms and conditions of sale of the site”.

They can then validate their order by clicking the button “I validate”. The Customer is then informed that their payment will be made directly after collecting / have their order delivered. An application for credit card debit authorization is made for the total amount of the order indicated on the Site. Only after the collection of the order will AuchanDrive.lu actually debit the credit card for the amount of the order.

(ii) In the case of payment on collection, the Customer may then indicate, if applicable, their benefit code. They will then be informed of the means of payment accepted at the time of the collection of their order on the terminals provided for this purpose, namely including Visa, MasterCard, Diners Club, UnionPay, JCB, American Express, V PAY and Maestro. Only smart cards are accepted.

The Customer must then read and accept the General Conditions of Sale by checking the corresponding box: “I have read and accept the terms and conditions of sale of the site”.

They can then validate their order by clicking the button “I validate”. The Customer is then informed that their payment will be made directly at the terminal when they collect their order according to the means of payment accepted. When the order is collected, the Customer may, at the terminals provided for this purpose, deduct from the final amount to pay the amount of the entirety of their loyalty account WAAOH!!!, as referred to below, however, the amount to be deducted in this respect may not exceed the final amount to be paid.

When this operation is carried out, the Customer’s order is automatically registered and becomes firm, definitive and irrevocable.

All orders are subject to a confirmation e-mail. This document, to be kept, constitutes the proof of the Customer’s order and of the contract linking it and AuchanDrive.lu. AuchanDrive.lu systematically records order and invoicing proof, which can be produced if necessary.

6.5 Confirmation of receipt and preparation of the order by AuchanDrive.lu

AuchanDrive.lu confirms with the Customer the receipt of their order by e-mail summarising the products ordered, the price including VAT (including any extra charges adding to the price, if applicable), the date, the time slot, the physical site of pickup / delivery, the order number and the method of payment chosen (online payment or payment on collection). All prices mentioned on this email include VAT and any other taxes or contributions that may be required by law. The possible unavailability of certain items during the pickup / delivery of the order does not affect the order of the other products. Their price is deducted from the total price of the order that the Customer has entered. AuchanDrive.lu reserves the right not to accept an order for a legitimate reason (difficulty of supplying a product, problem concerning the understanding of the order received, foreseeable problem concerning the delivery to be made, abnormality of the order with regard to the ordinary needs of a consumer …). If the Customer’s order is not accepted, AuchanDrive.lu informs it by e-mail or telephone.

6.6 Delivery time and pickup / delivery of the order

AuchanDrive.lu confirms to the Customer the date and time of pickup / delivery of their order by e-mail knowing that orders are available within a period which may not be less than 2 (two) hours from the time of validation of the order and which is dependent on the availability of time slots specified on the Site.

In case of unavailability of the product ordered on the date scheduled for the pickup / delivery of the order, AuchanDrive.lu immediately informs the Customer. In this case, the amount of the order that the Customer has validated and correlatively the price that is invoiced will be recalculated taking into account the items that are lacking, and the Customer’s account will not be debited for the amount corresponding to the items that are lacking. AuchanDrive.lu is not liable for any cancellation indemnity, unless the breach of contract is attributable to it in its own right.

The Customer has the obligation to withdraw the order within 48 (forty-eight) hours. He will no longer be able to request the withdrawal of the order after the expiration of this period.

If the Customer has not come to collect his order within 48 (forty-eight) hours, (s)he is not required to pay the full amount of the order. On the other hand AuchanDrive.lu reserves the right to invoice the Customer the amount that corresponds to 50% of the amount (fifty percent of the amount) of the fresh products present in the order for the costs generated by the preparation of his order according to following terms:

• In case of an online payment, AuchanDrive.lu may debit from the Customer’s account the amount corresponding to 50% of the amount (fifty percent of the amount) of the fresh products present in the order as costs generated by the preparation his order ;
• In case of a payment at pickup, AuchanDrive.lu reserves the right to request from the Customer a bank transfer corresponding to 50% of the amount (fifty percent of the amount) of the fresh products present in the order as costs generated by the preparation of his order. If the Client does not make this transfer within 15 (fifteen) days from the date (s)he receives the invoice, AuchanDrive.lu reserves the right to take this amount from the customer’s WAAOH!!! loyalty account

6.7 Conditioning

The products ordered will be delivered to the Customer by the delivery man at the Drive.

The customer has the option, when placing an order, to request the packaging of the groceries, this will then be charged. Different packaging methods can be proposed and the price will change depending on the chosen packaging.If the Customer wishes, he can refuse the packaging and will then have to provide his own containers.

Case of DriveBox
The ordered products will be delivered to the Customer in consigned plastic boxes (« DriveBox ») in which the shopping has been stored by AuchanDrive.lu. « Drivebox » will be taken over as follows:
– In the case of online payment, the deposit will then be deducted from the final amount that will be charged to the Customer’s card for the relevant order.
– In the case of payment on collection point, the deposit will be refunded immediately by crediting his account WAAOH!!!

6.8 Returnable products

For returnable products, the customer will be refunded the amount of the deposit upon return to one of our collection points.

• In the case of online payment, the deposit will be deducted from the final amount that will be debited from the Customer’s account for the Order concerned.
• In the case of payment on collection point, the deposit will be refunded immediately by crediting the account WAAOH!!.

In the case of home delivery, the deliveryman does not take back your returnable products. You will then have to bring them with you the next time you come to one of our collection points or to the “Auchan Kirchberg Shopping Center” located at 5, Rue Alphonse Weicker, L-2721 Luxembourg, level -3 of the car park where the Auchan Luxembourg Drink Shop is located.

6.9 Home delivery costs

When the Customer has chosen the “Home delivery” option, Auchan invoices the Customer for delivery costs in an amount according to the price list below:

Order amount including tax	Delivery fees
Between €0 and €99.99	13€
Between €100 and €179.99	€9
Between €180 and €249.99	€6
Beyond €250	Free of charge

If the customer is absent at the time of delivery, the re-delivery costs are €15

6.10 Confirmation of payment

In the case of online payment, a bank transaction confirmation is sent to the Customer by e-mail after the collection / the delivery of his order. The details of the collected / delivered order can be viewed in the customer account. Legal entities will receive a paper or electronic invoice, which they expressly accept.

In the case of payment on collection, a final receipt is printed by the terminal after validation of the payment. The details of the collected order can be viewed in the customer account. Legal entities will receive a paper or electronic invoice, which they expressly accept.

However, to comply with the customs regulations, the Customer can go to the reception of his Drive to obtain an immediate printout of their invoice. AuchanDrive.lu reminds buyers that the transport of alcoholic beverages and tobacco products is exempt from a transport document, but that in case of control the regular provenance must be proved by means of a receipt or a nominative invoice if the following quantities are exceeded by the buyer: a) alcoholic beverages above 22% vol: 10 litres; (b) alcoholic beverages below 22% vol and intermediate products: 50 litres; c) still wines, sparkling wines and beers: 200 litres; d) cigarettes: 2000 pcs.; e) cigarillos: 500 pieces, cigars: 300 pcs.; f) smoking tobacco: 2 kg. If these thresholds are exceeded, private individuals will be given a paper invoice when their order is collected.

6.11 Order tracking

By viewing the Site, the Customer can follow, via their Customer account, the status of their order as soon as it is validated, for a period of one year.

6.12 Fight against fraud

For security reasons, only payment on collection is available when validating the first order. Online payment is offered from the second order on for the same customer account.

In order to protect the interests of its Customers and to limit the risk of fraud in distance selling, AuchanDrive.lu may be required to carry out checks on orders placed on the Site. If a risk of fraud is detected, AuchanDrive.lu reserves the right to carry out a check by counter call or to cancel the order to guarantee the security of online transactions.

Similarly, in the event of the sale of alcohol and tobacco products in particular, AuchanDrive.lu may be required to carry out checks to verify the capacity and credentials of the Customer, and may cancel the order if it is found that the conditions set out in Article 2 above are not fulfilled.

7. WAAOH!!! loyalty programme

Every customer automatically benefits from the WAAOH!!! loyalty programme as soon as it is implemented. The WAAOH!!! loyalty programme is free and does not require a physical card.

The programme allows the Customer to accumulate euros on their WAAOH!!! account when buying products indicated on the Site by a specific pictogram indicating the amount (or percentage) of euros offered as part of the WAAOH!!! loyalty programme.

The euros offered as part of the WAAOH!!! loyalty programme are definitively credited to the WAAOH!!! account of the Customer only when the order is actually collected. They can only be used for the payment of subsequent orders on the Site and they are neither refundable nor exchangeable in cash.

In the case of online payment, the Customer may, at each order confirmation, decide whether or not to use some or all of the euros from their WAAOH!!! account for the total or partial payment of the current order within the limits of the following provisions:

• Euros acquired between 1 January and 31 October of the current year can be used until January 31st of the following year;
• Euros acquired between 1 November and 31 December of the current year are usable until 31 January of year n+2 (the year after next);

In case of non-use of the euros during the aforementioned periods, the customer automatically loses the benefit.

In the case of the payment on collection, the Customer may, at the time of payment at the terminal decide whether or not to use all the euros from their WAAOH!!! Account for the total or partial payment of the current order, within the limits of the following provisions:

• Euros acquired between January 1st and October 31st of the current year can be used until January 31st of the following year;
• Euros acquired between 1 November and 31 December of the current year are usable until 31 January of year n+2 (the year after next);

In case of non-use of the euros during the aforementioned periods, the Customer automatically loses the benefit.

The balance of the WAAOH!!! account can be viewed on the Site under “My Account”, “Loyalty Area”.

When a product has several benefits, only the most advantageous discount will be allocated to the Customer.

The benefits of the WAAOH!!! Programme may cease at any time in case of fraud or any misuse or non-compliance with the provisions of these terms and conditions. The Customer then loses all rights to use the accumulated euros on their account. Auchan Drive disclaims all liability for any direct or indirect consequences of fraudulent or improper use.

8. Transfer of ownership of products

AuchanDrive.lu retains full ownership of the products sold until full payment of all sums due in connection with the order, including all fees and taxes. As of the pickup / delivery of products ordered by the Customer, the risks incurred by the accepted products are immediately transferred to the Customer.

9. Right of withdrawal

The consumer Customer within the meaning of Article L.010-1 of the Consumer Code, has a right of pickup / delivery which can be exercised within a period of 14 (fourteen) calendar days from the withdrawal of the order concerning products and the conclusion of the contract for services. If the last day of the period is not a business day, the deadline is extended until the next business day.

This right can be exercised without giving any reason, without penalties and without charge except for the direct costs of returning the goods that are the responsibility of the Customer.

To exercise his right of withdrawal, the Customer must:

• notify Christal SA, by telephone ((+352) 26 75 00 80 00), fax (+352 26 34 03 98), letter (Christal SA 5, Rue Alphonse Weicker L-2721 Luxembourg) or e-mail (contact@auchan.lu), before the expiry of the aforementioned period, of its decision to withdraw from this contract by means of an unambiguous declaration. The Customer may also, if they wish, use the withdrawal form attached to these general conditions (Appendix 1).
• and return, at their expense, the products concerned to the collection site of the order accompanied by the invoice number. The Customer must return the goods without undue delay and, in any event, no later than 14 days after the communication of their decision to withdraw from the contract. Returned products travel at the expense and risk of the Customer.

The Customer is only liable for the depreciation of the goods resulting from handing other than those necessary to establish the nature, the characteristics and the proper functioning of the goods. In this case, the product will not be refunded or exchanged and will be returned to the Customer.

In accordance with Article L.222-10 of the Consumer Code, the refund will be made without undue delay and in any event not later than 14 days after the return of the goods or, where applicable, the justification by the consumer, proof of shipment of the goods or receipt of the withdrawal letter for the services. The refund will be made using the same means of payment as used by the Customer for the initial transaction, unless express agreement of the consumer is given for another means of payment.

The right of withdrawal is however excluded by law for:

• products which, by their nature, are liable to deteriorate or expire rapidly (in particular fresh and frozen products),
• sealed products that cannot be returned for reasons of protection of health or hygiene and which have been unsealed by the consumer after delivery,
• the supply of newspapers, periodicals and magazines except for the subscription contracts to these publications,
• the provision of audio or video recordings or computer software that have been sealed and that have been unsealed by the consumer after delivery,
• goods which, after being delivered, and by their nature, are inseparably mixed with other items,
• the services whose performance has been completed, if the execution has begun with the prior express consent of the consumer and provided that they have also acknowledged that they will lose their right of withdrawal once the contract has been fully executed by the professional,
• goods or services whose price is dependent on fluctuations in the financial market, which lu is not in a position to control and which may occur during the withdrawal period,
• goods made to the consumer’s specifications or clearly customised,
• digital content not provided on a physical medium, if the performance has begun with the prior express consent of the consumer and provided that they have also acknowledged that they will lose their right of withdrawal.

10. Warranties

10.1 Legal guarantees

The Customer, consumer within the meaning of Article L.010-1 of the Consumer Code, may, in any event, avail themselves of the legal guarantee of conformity provided for by the Consumer Code:

AuchanDrive.lu shall deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been made liable for it by the contract or it has been carried out under its responsibility.

To implement the legal warranty of Auchan Luxembourg, the Customer must, by any means, report the lack of conformity within two years from the delivery of the goods. No prescription can be acquired before the expiry of this period.

The Customer is deprived of their warranty claim at the end of a period of two years from the termination provided for in the preceding paragraph.

AuchanDrive.lu also retains liability for any latent defects of the thing for which the Customer also has a direct recourse against the manufacturer.

The Customer is invited to refer to the documents of the manufacturer accompanying the product to find the length of time during which it guarantees the availability of spare parts on the market.

Regarding the guarantee of latent defects, AuchanDrive.lu is bound by the guarantee because of the hidden defects of the thing sold which renders it unfit for the use for which it is intended, or which diminishes the use so much, that the Customer would not have acquired it, or would have given a lower price, if they had been aware of them.

The Customer is required to report to AuchanDrive.lu any defect that may constitute a latent defect as soon as possible after the discovery of the defect. Any proceedings regarding the guarantee of latent defects is prescribed as from one year from the date of reporting of the defect to AuchanDrive.lu.

10.2 Commercial guarantee “Satisfied or refunded”

Terms and Conditions

The “money back guarantee” cannot apply to perishable goods.

The return of goods is made exclusively to the collection site of the order within ten (10) days following the pickup / delivery of the order. Returned products must be given back in their original condition with sealed original packaging. AuchanDrive.lu reserves the right to refuse any product returns not made according to the terms and conditions described above.

Refund

AuchanDrive.lu undertakes to exchange the product or to refund the sums paid without charge. In the case of a refund, it is due within a maximum period of thirty days and made by crediting the WAAOH!!! Account of the Customer, or if the Customer so requests, by crediting the credit card used for the online payment of their purchases or by bank transfer in the case of payment on collection. In the latter two cases, the Customer must go to the reception of the Drive concerned.

These commercial guarantees do not in any way prevent legal guarantees against latent defects and guarantees of compliance.

11. Complaints

Complaints must be sent by e-mail, via the website https://www.auchandrive.lu or to the address contact@auchan.lu, or by phone on (+ 352) 26 75 00 80 00 during the business hours of the customer service specified on the Site.

For all butchery, poultry, fishmonger, bakery, pastry, fruit and vegetable products, complaints must be issued within 24 hours after the withdrawal of the order.
Damages resulting from misuse of products sold on the Site cannot be covered by AuchanDrive.lu.

In the event of acceptance of refund by AuchanDrive.lu, the Customer will be refunded by credit to their WAAOH !!! account, or if the Customer requests it, by crediting the credit card used for the online payment of their purchases. or via bank transfer in the case of payment on collection. In the latter case, the Customer must go to the reception of the Drive concerned.

12. Proof /Archiving

Computer data generated as a result of access and/or use of the Site (including, in particular, programs, connection data, files, records, operations and other items on computer or electronic media) (the “Data”) are likely to be stored and archived, within the limit provided by law, by AuchanDrive.lu within its computer system, under conditions that guarantee its integrity.

The Data are binding as between the Customer and AuchanDrive.lu, and will be considered as evidence of communications between the Customer and AuchanDrive.lu.

The Data constitute literal proof within the meaning of Article 1341 of the Civil Code and have the same probative value as a document that would be drawn up, received or kept in writing in paper form.

Therefore, the Data may be validly produced as evidence and be held against the Customer in any claim or legal action with the same evidentiary weight as any document that would be drawn up, received or kept in writing in paper form, that the Customer expressly acknowledges.

The Customer shall not contest the admissibility, binding character or evidentiary weight of the Data due to their electronic nature.

The Customer may have access to all Data on simple request sent by simple letter or by e-mail.

13. Processing of personal data

AuchanDrive.lu shall process the personal data of Customers in accordance with the legislation applicable to the processing of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC and the Law of 1 August 2018 on the organisation of the National Commission for data protection and implementation of the regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation) amending the Labour Code and the amended law of 25 March 2015 establishing salary scales and the terms and conditions for the granting of service grades to public servants.

Customers can consult the AuchanDrive.lu privacy policy explaining how AuchanDrive.lu processes their personal data by clicking the following link: https://www.auchan.lu/en/content/legal/privacy.

14. Cookies

The Site uses “cookies” and similar tools. “Cookies” are small text files left on the Customer’s computer during their visit to the Site. They collect information about their operating system, including the Internet Protocol (IP) address.

For more information on the use of cookies, Customers may consult the AuchanDrive.lu privacy policy (Section 6. “Do we use cookies?”) by clicking the following link: https://www.auchan.lu/en/content/legal/privacy.

15. Electrical and electronic equipment waste

To protect the environment, AuchanDrive.lu invites its Customers to stop disposing of used devices with other household waste.

When purchasing an electrical or electronic device or machine an environmental contribution is requested from the Customer, in accordance with the regulations. It is entirely donated to an approved eco-organisation in order to finance its recycling.

For large machines:

• taken back by the distributor or carrier at the time of delivery of the new machine.
• appeal to social organizations
• waste disposal or any other system put in place by the councils.

For small devices:

• depositing the device in relay or collection points;
• in drive-ins for batteries, bulbs and neon lights;
• waste disposal or any system put in place by councils (compatible rubbish bins,
  containers …).

AuchanDrive.lu shall specify the cost of eco-participation on all products concerned as well as its energy consumption in accordance with the law.

16. Intellectual property

All the elements of the Site, including its structure, its tree structure, its graphics, its object or source codes as well as its content (including texts, graphics, images, photographs, videos, information, logos, icons-buttons, software, audio and other files, databases) is protected by intellectual property, and in particular by copyright and trademark law.

AuchanDrive.lu authorises the Customer to access and use the Site and its content exclusively for private purposes. Any professional or commercial use of this data is strictly prohibited.

AuchanDrive.lu reserves all rights on the Site. Access and use of the Site shall not be considered an assignment or license of rights. Accordingly, the Customer is prohibited from using the Site for purposes other than those referred to above, and in particular from reproducing or publicly representing, modifying, extracting or decompiling all or part of the Site, including its structure, its tree structure, its graphics, its object or source codes as well as its content (including texts, graphics, images, videos, information, logos, icons-buttons, software, audio and other files, databases), in the absence of our prior express agreement.

In the absence of prior and express authorisation from AuchanDrive.lu, any reproduction or representation, total or partial, of the Site, of one or more of its components, by any process whatsoever, is prohibited, and constitutes counterfeiting, which is punishable under the legislation in force.

The user who has a website in their private capacity has the option of placing on their site a simple link directly to the home page of the Site, provided that said private site, in whole or in part, is in compliance with current legislation, public order and morality, and in any case not prejudicial or likely to harm the reputation of AuchanDrive.lu or companies of the group to which it belongs.

The insertion of such a link in the aforementioned conditions shall in no way be interpreted as an implicit agreement of affiliation or as implying a contract between AuchanDrive.lu and the owner of a third-party website.

The technique of directly integrating elements from the Site into a web page (technique called Framing and In-line linking) is strictly prohibited.

In any case, any link to the Website must be removed upon request from AuchanDrive.lu

17. Operation, modification and interruption of the Site

AuchanDrive.lu reserves the right, at any time, to temporarily interrupt access to all or part of the site for technical reasons, to modify contractual conditions or to bring the site into compliance with legal or regulatory provisions. without having to inform the Customer in advance.

AuchanDrive.lu cannot be held liable for malfunctions or failures of the network or servers or any other technical malfunction beyond its reasonable control that would prevent or impair access to all or part of the Site, and in cases of force majeure as defined by the applicable regulations.

The Customer’s attention is drawn to the limitations and constraints specific to the internet network and the impossibility of fully guaranteeing the security of data exchanges. As such, it is up to the Customer to take all the necessary measures to protect themselves against unauthorised intrusions into their information system, in particular by securing their internet connection with a password and a security code or by using the appropriate anti-virus software.

Furthermore, the Customer is informed that the quality of the operation of the Site and in particular the response times may vary depending on the personal settings of the connection station and their Internet access service. AuchanDrive.lu assumes no liability in this regard.

Consequently, AuchanDrive.lu cannot under any circumstances be held liable, directly or indirectly, for the malfunctions of the Site, including any loss of data saved by the Customer’s account, caused by one or more of the technical characteristics inherent to the Internet, or any computer hardware or software used by you for any reason.

Similarly, no malfunction of the Site, including any loss of data saved by the Customer account, can be blamed on AuchanDrive.lu if such a malfunction results from misuse of the Site by the Customer, or the inadequacy of the hardware and computer software used.

The Site may contain hypertext links or references to other websites, including social networks, belonging to third parties. AuchanDrive.lu accepts no liability for the content of these websites.

18. Force majeure

Events of force majeure are deemed to be those which are unpredictable, irresistible and external and make it absolutely impossible to perform the contract of sale under the conditions envisaged.

All events of force majeure, defined by the regulations and case law constitute a cause of suspension or extinction of the obligations of AuchanDrive.lu, if the event extends beyond one (1) month. AuchanDrive.lu cannot be held liable for the non-performance of the contract concluded in case of occurrence of one of the aforementioned events.

19. Applicable law and jurisdiction

The General Terms and Conditions of Sale are subject to Luxembourg law, without prejudice to the mandatory provisions of the law of the country where the consumer has their habitual residence.

In accordance with Article 18 of (EU) Regulation No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters:

• the action brought by the Customer, a consumer within the meaning of Article L.010-1 of the Consumer Code, against Auchan Luxembourg may be brought (i) either before the Luxembourg courts, (ii) before the court of the place where the Customer consumer is domiciled;
• the action brought against the Customer, a consumer within the meaning of Article L.010-1 of the Consumer Code, by Auchan Luxembourg may only be brought before the courts of the Member State in whose territory the consumer Customer is domiciled.

Subject to the above-mentioned mandatory legal provisions, the Luxembourg courts will have exclusive jurisdiction to hear any dispute relating to the interpretation, application and execution of the General Terms and Conditions of Sale, as well as any dispute related to the use of the Site.

The Customer, a consumer within the meaning of Article L.010-1 of the Consumer Code, may also submit the dispute to mediation via the European platform for resolving extra-judicial disputes, accessible at the following address: https://webgate.ec.europa.eu/odr/main/?event=main.home.show.

Appendix 1: Model withdrawal form

Withdrawal request

(Please complete and return this form only if you wish to withdraw from the contract)

For the attention of Christal S.A., 5, Rue Alphonse Weicker L-2721 Luxembourg, fax: +352 26 34 03 98, e-mail: contact@auchan.lu):
I/ We (*) hereby notify you (*) of my/ our (*) cancellation of the contract for Order No. ____________, collected on __________ from Drive ____________
Name of the consumer(s): ____________
Address of the consumer(s): ____________
Signature of the consumer(s): ____________
Date and place: ____________

Appendix 2: Special Terms and Conditions of Sale of Alcohol and Tobacco

Orders for alcoholic products and tobacco are reserved for adults and minors over 16 years of age.

In accordance with the provisions of Article 8(4) of the Grand-Ducal Regulation of 9 September 2002 on the transport of alcohol and the trade and storage of excise goods, as amended, the quantities of the following alcohol and tobacco products are likely to be purchased for another country in the European Community:

PURCHASES FROM ANOTHER EU COUNTRY
Under Article 32 of Council Directive 2008/118 / EC of 16 December 2008 the following are not, in principle, considered to be of a commercial nature: the purchases of the following products, if the quantities indicated, acquired by private individuals for their own needs and transported by themselves, are not exceeded. Commercial purchases follow the intra-community trade regime.

EINKÄUFE BESTIMMT FÜR EIN ANDERES EU-LAND
In Anbetracht des Artikels 32 der Richtlinie 2008/118 des Rates der Europäischen Gemeinschaften vom 16. Dezember
2008 werden nachstehende Artikel, prinzipiell, als nicht zu gewerblichen Zwecken erworden angesehen, wenn sie die
angegebenen Mengen nicht überschreiten und von Privatpersonen für ihren Eigenbedarf erworben und von ihnen selbs
befôrdert werden. Gewerbliche Einkâufe unterliegen den Bestimmungen des Inner-Gemeinschaftlichen Warenverkehrs.
Tobacco products / Tabakwaren
Cigarettes / Zigaretten: 800 pcs / St
Cigarillos / Zigarillos: 400 pcs / St
Cigars / Zigarren: 200 pcs / St
Smoking tobacco / Rauchtabak: 1.0 kg
Alcoholic drinks / Alkoholische Getrânke / Spirits / Spirituosen: 10 litres
Intermediary products / Zwischenerzeugnisse: 20 litres
Wines (of which at most 60 litres of sparkling wine): 110 litres
Wein (davon höchstens 60 Liter Schaumwein) Beer/ Bier