Terms and conditions

These terms and conditions set the contractual relationship between the company Avocado SA and its customers. An order sent to avocado.lu implies acceptance of these terms and conditions.

1. Acceptance

All orders made by a customer on the website avocado.lu imply the acceptance of these terms and conditions. No final order can be processed if the customer has not previously accepted the terms and conditions by checking the provided box. Before finalising the order, the customer can at any time modify or cancel it.

These terms and conditions prevail over all other conditions contained in any other document, unless differently agreed by a written statement.

2. Products

All products are presented with a name, description and quantity. Photos of the products are only indicative. The photos, pictures and illustrations of the products do not fall within the scope of the contract. The responsibility of avocado.lu will not be engaged.

The products presented on the site are generally available. It is however possible that a product is out of stock. This missing product will then be deducted from the global order and will not be charged. Avocado.lu will do what is possible to ensure that the majority of products are always available.

Adding a product to the basket does not mean an automatic order validation, because the product may become unavailable during the time from adding it to the basket to the final submission of the order by the customer.

3. Prices and deposit charge

Prices shown on the site avocado.lu include VAT. There are generally no delivery costs. If there are, these are clearly stated in your basket. We reserve the right to add a deposit charge for the use of our isolated delivery boxes. This deposit charge is currently €50, a one time fee which is paid with the first order and this fee can be reimbursed to the customer by written request at the end of the working relationship with Avocado SA. The reimbursement is only refundable if all the customers boxes have been returned in the same state (minus normal usage wear) as the boxes were received. In case of abusive handling of the box we reserve the right to keep the deposit amount either partially or entirely.

Except for display errors, we guarantee the prices shown on our website. Avocado.lu can’t be held responsible for any display error.

4. Credits

In case of a refund, promotional deal, or other, we will credit the customer account with a credit. These credits have the same value as money and can be used to buy products on our website. Credits cannot be transferred, neither converted nor paid out in real money. The credits do not expire.

5. User name and password

When creating an account on avocado.lu, the customer is asked to fill in a form with his contact details. This information is necessary in order to maintain a relationship with the customer and in order to ensure the correct handling of orders. This information will be treated as confidential and will not be distributed to others. This however shall not prevent the sale or transfer of activities to a third party.

The customer can cancel his account at avocado.lu at any time by a written request to Avocado SA.

The username and password are considered as a valid electronic signature upon confirmation of the order.

The customer is solely responsible for his username and password. Avocado.lu will not be liable in the case of a loss and a dishonest use that would result of this loss. In the case of a forgotten password, the customer has a feature on the website to enable it to recover and / or to change it if necessary.

6. Orders and subscriptions

After placing an order on our standard order form, the customer will receive an e-mail from us acknowledging that we have received the order. Please note that this does not mean that the order has been accepted. The order constitutes an offer to us to buy products through one time purchase or by subscribing to a service. All orders are subject to acceptance by us, and we will confirm such acceptance to the customer by sending the customer an e-mail that confirms that the product has been dispatched. We will not be obliged to supply any other products which may have been part of the customer’s order until the dispatch of such products has been confirmed in a separate dispatch confirmation email.

The subscription plan to our services consists of an initial charge and then followed by recurring period charges as agreed to by the customer. By entering into this agreement, the customer acknowledge that his subscription has an initial and recurring payment feature and he accepts responsibility for all recurring charges prior to cancellation. Avocado.lu may submit periodic charges (e.g., weekly) without further authorization from the customer, until the customer provides prior notice that he has terminated this authorization or wishes to change his payment method. Such notice will not affect charges submitted before avocado.lu reasonably could act.

The customer can cancel his subscription in his user account. All changes or cancelations to the customer’s order and subscriptions must latest be done before midnight 7 days prior to the next due delivery. The customer will not be charged for any cancellation. The customer can re-subscribe at any time following his cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by the customer.

We reserve the right at our absolute discretion not to renew the customer subscription at any time without giving any reasons for our decision

7. Payments

Payments are made by credit card. We provide the customer the online payment system SAFERPAY by CETREL, a secured and certified payment system that protects against the risk of fraud and that guarantees the confidentiality of credit card numbers by cryptology procedures. Cetrel is responsible for the security of the cardholder data. Avocado SA does not store any cardholder data neither in paper or electronic form.

We accept VISA and Mastercard credit cards.

By subscribing to avocado.lu the customer agrees to pay recurring periodic subscriptions (defined by the customer in his the initial order) for an indefinite time until cancelled by the customer or us.

Payment for all Products and Services must be by credit or debit card. We accept payment with Visa and Mastercard.

The order will be accepted by the system after verification of the credit card. It is therefore up to the customer to check the type of the credit card and its validity.

8. Deliveries

Avocado.lu only delivers within the country of Luxembourg. During registration, the customer may choose freely the address he would like the products to be delivered to, as long as this is a valid physical address (no post-box addresses possible) and within the borders of the Grand duchy of Luxembourg.

Deliveries are currently every Wednesday and can occur any time between 8 am and 6 pm. If the delivery day coincides with a public holiday, avocado.lu reserves the right to change the delivery date to a different day that week, giving at least 7 days prior notice to the customers.

Avocado.lu may not be held responsible for delays in delivery or non-delivery. Avocado.lu will get in contact with the customer to give him the opportunity to defer or cancel all or part of his order. In the case of a cancellation due to non-delivery, avocado.lu then reimburses the full amount of the order.

Product quality is guaranteed by our services. We deliver our perishable good in isolated boxes filled with cooling elements. As soon as delivery is done, the quality of the products is no longer the responsibility of avocado.lu.

If the customer is not at home for the scheduled delivery he can leave instructions when ordering or he can alternatively leave instructions on his door if necessary. These instructions can only be followed if the delivery directions are no further than 50m from the customer’s doorstep. Avocado.lu is not responsible for any damage done to the box after the delivery is done (i.e. stolen, weather, animals etc.). We recommend the customer choses a delivery spot which is not in direct sunlight and hidden from public view.

In the case of un-notified absence of the customer, and no instructions left on the door, avocado.lu will leave the box in a place we find suited. Avocado.lu is not responsible for any damage done to the box after the delivery is done (i.e. stolen, weather, animals etc.).

In the case of force majeure, such as war, accident, fire, power failure, failure of supply, epidemic, ice storm, earthquake, flood or any other reason beyond the control of avocado.lu and only in the case of an early notification to the customer,  avocado.lu will be discharged of delivery, without the right for the customer to claim any compensation . Of course, avocado.lu will do everything to deliver the goods at a later moment.

Similarly, for any force majeure legally recognized, the customer will be discharged of delivery reception and only in the case of an immediate notification to avocado.lu without the right for avocado.lu to claim any compensation.

In the case of an error in the address of the customer during the initial capture of data at the registration, avocado.lu can’t be held responsible for the inability to which it might be to deliver the ordered goods.

9. Warranty

We warrant to the customer that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

10. Claims

For all fresh products such as meat, fruit and vegetables, only claims made upon the day of the delivery will be considered.

Avocado.lu is not liable for damages of any kind, bodily or material, which might arise from the wrong or inadequate use and consumption of its products.

Avocado.lu is not liable for deterioration in the quality of its products after being delivered to the customer.

Avocado.lu saves, for an unlimited period, all electronic information related to the transactions with its customers. This information will be used as evidence in the case of a legal dispute with the customer.

Once past a delay of 24 hours after delivery, the customer will no longer send any claims, with regard to compliance of the order or the status of the delivered products. All deliveries will be considered in accordance with the order.

In case of a dispute, avocado.lu will try to find a solution together with its customer. If a dispute may not be solved, it will then be presented to the competent court of justice in Luxembourg.

11. Intellectual property rights

Avocado SA is the owner or the licensee of all intellectual property rights in this site (avocado.lu), whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved

The customer may print off one copy, and may download extracts, of any pages from our site for the customer personal reference. The customer must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.

If the customer posts comments on the Products or Services to any website, blog or social media network (Commentary) the customer must ensure that such Commentary represents the customer fairly-held opinions. By subscribing to the Services the customer irrevocably authorize us to quote from the customer Commentary on our site and in any advertising or social media outlets which we may create or contribute to.

Our rights to vary these terms and conditions

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

The customer will be subject to the policies and terms and conditions in force at the time that the customer order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by the customer), or if we notify the customer of the change to those policies or these terms and conditions before we send the customer the Dispatch Confirmation (in which case we have the right to assume that the customer have accepted the change to the terms and conditions, unless the customer notify us to the contrary within seven working days of receipt by the customer of the Products).

12. Impressum

Avocado.lu is a product of Avocado SA

Avocado S.A.
Z.I. Bombicht
B.P. 54
L-6905 Niederanven
Luxembourg
(+352) 45 29 65-1
avocado.lu
moien@avocado.lu
RCSL: B 178940
TVA: LU 26 37 69 62
Matricule: 2013 2213 837