General Terms and COnditions of SALE
Date of last update 24.06.2021
The present General Terms and Conditions of Sale (hereinafter the "General Terms and Conditions of Sale") govern all relations between
Cactus Group S. A. acting under its trade name "Octus" as detailed below
(hereinafter referred to as the "Seller" or "Octus") and
the person who orders one or more products on the Internet site octus.lu.
(hereinafter referred to as the "Customer" or "You")
Cactus S.A. makes available to the Customer its Octus service for placing orders on the Internet site accessible at the URL address www.octus.lu (hereinafter the "Site"). Octus in its role of innovation hub has commercial independence but remains a subsidiary of the Cactus S.A. group. The present General Terms of Sale apply to all Octus services.
The contact details are as follows:
RCS registration number: LU17616433
VAT number : B 65282
Head office address: Route d'Arlon, L-8005 Bertrange
Telephone number : +352 2828 4130
E-mail address : email@example.com
Authorization of establishment granted to [...] by the Ministry of Middle Classes, Tourism and Housing on [...].
1. Field of application / information (relative to the Site)
The present General Conditions of Sale aim at describing the modalities of remote sale of goods and services between the Seller and the Customer. They are part of the service contract concluded between the Seller and the company to which the Customer is attached, by virtue of which the Seller undertakes to provide a service of delivery of food and consumer products to Customers in certain spaces made available by the company (hereinafter the "Service Contract"). They express the entirety of the obligations and rights of the Parties. The Customer has the option of printing them.
The Site is hosted by the company: Computerland Luxembourg
2. Acceptance of the General Conditions of Sale
In order to validate an order, the Customer must respect the ordering process described in point 6 below and read and accept the General Sales Conditions, by ticking the box "I accept the general sales conditions" during the ordering process.
By accepting the General Terms and Conditions of Sale, you certify that you are a natural person of legal age (18 years or older) with full capacity to order via the Site. It is specified, for all practical purposes, that in accordance with the law of December 22, 2006 prohibiting the sale of alcoholic beverages to minors under sixteen years of age:
"In all pubs, in all shops and in all public places, it is forbidden to sell or offer free of charge to minors under sixteen years of age alcoholic beverages or mixtures of alcoholic beverages with other beverages, containing more than 1.2% alcohol by volume, to be consumed on the premises or to be taken away. "
3. Modification of the General Sales Conditions
Octus 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 force at the time of the effective validation by the Customer of his order made on the Site.
These Terms and Conditions of Sale will prevail over any other conditions appearing in any other document, except prior, express and written waiver by Octus.
It is the Customer's responsibility to regularly check the General Terms and Conditions of Sale before each order.
The contractual information is presented in French and English only.
The General Conditions of Sale are valid for the duration necessary for the supply of the goods and services subscribed to, until the extinction of their guarantees. The fact that the Vendor does not take advantage at a given moment of any of the clauses of the General Sales Conditions cannot be interpreted as a waiver of the right to take advantage of any of the said clauses at a later date.
4. Access to the Site
The acquisition of the products and services offered on the Site assumes that the Customer has a computer, a tablet or a smartphone, and access to the Internet, the possible costs of connection and use of the Site remaining at his exclusive charge. Access to the Site is limited to users who are attached to a company with which the Vendor has concluded a Service Agreement.
5. Octus' products and services
5.1 List and characteristics of the products and services
Octus presents on its Site the products and services as well as their detailed descriptions allowing the Customer to know, before placing a final order, their essential characteristics. The Customer acknowledges having read, at the time of placing the order, the special conditions of sale stated on the screen (name, price, components, weight, quantity, color, particularities of the products, cost of services and limitation of certain categories of products) and expressly declares to accept them without reservation.
The list and the essential characteristics of the products and services appear on the Site and are likely to be modified and adapted at any time to better meet the expectations and requirements of consumers.
The photographs and illustrations used to illustrate the products on the Site are not contractual. The Customer is notably informed that a difference in presentation between the products withdrawn by the Customer and their representation on the Site may result from a modification of the packaging by the manufacturer or the supplier, without this affecting in any way their content, and that these products may in no case be refused by the Customer nor give rise to any reimbursement or compensation whatsoever by Octus.
As mentioned below in Article 14. Intellectual Property, all content on the site, including photos, is the property of Octus and the copying or reproduction of such content is prohibited unless expressly authorized by Octus.
The products and services offered on the Site comply with Luxembourg law.
5.2 Availability of products
The products and services are available at the prices and conditions proposed on the Site at the time of the order within the limits of available stocks.
During the constitution of his basket, the Customer has the information on the availability of a product before his selection: in case of out-of-stock condition, the article is displayed in grey.
Moreover, it is specified that the simple fact of adding a product in the basket is not equivalent to the validation of the order nor to a reservation of the article in question. In other words, the product may become unavailable between the time of addition to the basket and the validation of the order by the Customer. In case of unavailability of a product in the cart, the user is warned by a message presented in the shopping cart. A basket cannot be placed in order without the item in question being removed from the basket.
It is also possible that one or more products 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 will have validated and the corresponding price that will be effectively invoiced will be recalculated taking into account the missing items, and his account will not be debited for the amount corresponding to the missing items.
As soon as the order is prepared, Octus will confirm to the Customer the availability of the ordered products.
5.3 Prices of products and services
The Octus brand has a distinct commercial autonomy and practices a pricing policy that is independent of Cactus S.A. Similarly, Octus does not practice the same promotional policy as Cactus S.A. unless explicitly stated otherwise, and does not offer a Cactus points system. Nevertheless, the Customer has the right to return the oil change sold via the Site to one of the Cactus stores.
All orders are payable in euros (€). The prices of products and services may be updated from day to day. The prices invoiced are those in force on the day the order is placed. 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 specific taxes (e.g.: Ecotrel tax) for products or services).
The price of the items that could not be delivered will be deducted from the total price of the order, which will be debited to the Client.
6. Process of placing and collecting or delivering an order
6.1. Creation and desactivation of account
6.1.1 Account creation
The Customer who wishes to order on the Site expressly agrees not to use false information or information from third parties.
Any person wishing to order on the Site must first create a user account. Only persons with an e-mail address linked to a company that has signed a Service Agreement with the Vendor may create a user account and access the Site's services. To create a user account, the Customer must fill out the registration form and indicate the information deemed necessary and mandatory by Octus to create a Customer account. This includes in particular name, first name, postal address (=billing address), business e-mail address, delivery address (=workplace address), telephone number, and a password. The process of creating a user account is completed by validating the registration via the "Submit" button.
The system will then check for uniqueness and identification.
In order to ensure the correct entry of this information, an email is automatically sent to the Customer to notify him that his registration has been taken into account. The creation of the user account must be confirmed via a link included in this e-mail. If he does not receive it, the Customer is invited to check the address he has entered or to check the "junk mail" file in his email box.
When visiting or ordering from the Site in the future, the Customer will be able to access his account by entering the professional e-mail address given at the time of registration and his password as registered at the time of registration.
In the event of a forgotten password, the Customer has a function to reset it on the Site.
In case of loss of the password, the Customer can click on the link "forgot password ? "link and enter their email address. The Customer will receive a link to initialize the password. This password is not used to make any payment. This password will be requested from the unauthenticated Customer before each transaction. For each order, the Customer will have to connect by entering his login and password in the space dedicated to this purpose.
The Customer's identifier and password ("connection identifiers") are strictly personal and confidential. Any loss or forgetfulness or inability to connect to his account with the login credentials must be reported promptly via e-mail to the following address: firstname.lastname@example.org.
The Customer undertakes to keep his connection identifiers secret and not to disclose them in any form whatsoever. The conservation, use and transmission of the connection identifiers are carried out under the whole and single responsibility of the Customer. In particular, the Customer is warned of the inherent insecurity in the use of the function of automatic memorization of the connection data that his computer system may allow, and declares that he assumes full responsibility for the use and possible consequences of such a function.
The Customer is responsible for the use of his connection identifiers, and Octus cannot be held responsible in the event of loss or malicious use of the latter.
The use of this account is personal and any use of the connection identifiers will be presumed to have been made by the registered Customer.
Consequently, Octus shall in no case be held responsible for the prejudicial consequences resulting from illicit, fraudulent or abusive use of the connection identifiers and access to the Site by a third party not expressly authorized by the Customer which would result from the fault or negligence of the Customer.
6.1.2 Account deactivation
In the event of non-compliance with the General Terms of Sale by the Customer, Octus reserves the right to deactivate, by right and without compensation, the Customer's account without having to respect any notice, after sending an e-mail or a registered letter with acknowledgement of receipt of formal notice, which has remained without effect for more than 30 days.
Nevertheless, it is specified that in the case of a breach or a manifest and significant fraud on the part of a Customer, the deactivation of the account will be done by right, without notice, without formality and without indemnity.
The Customer who wishes to deactivate his account will do so by e-mail or registered letter with acknowledgement of receipt addressed to the Customer Service. The deactivation of the account will be carried out within a maximum of 7 days from the receipt of this letter.
6.2 Eligibility for delivery
Only employees of companies that have concluded a Service Agreement with Octus are eligible for delivery to their place of work.
Octus is responsible for the storage of the goods in hygienic conditions according to the state of the art and respecting the cold chain, until 24 hours after delivery. Therefore, Octus cannot be held responsible for any deterioration of the quality of the goods beyond this period. For sensitive products such as items from the butchery, poultry, fish, bakery, cheese, pastry and fruit and vegetable departments, quality complaints must be made within 5 hours after delivery of the order. The delivery period is defined from 12:00 noon to 5:00 p.m., a delay of 3 hours applies from 5:00 p.m. onwards.
6.3 Constitution of the basket
Only the products and services displayed on the Site can be added to the basket. Products and services from other websites of the Seller cannot be added to the basket. The Customer shall constitute his basket by choosing the products and services displayed on the Site as well as their quantities by clicking on the icon representing a basket located on the product or service sheet concerned. The customer can adapt the quantity for each product chosen via the + / - emblems located next to the name of the item.
The Customer acknowledges having read, at the time of placing the order, the special conditions of sale stated on the screen (name, price, components, weight, quantity, color, particularities of the products, cost of services and limitation of certain categories of products) and expressly declares to accept them without reservation.
Octus reserves the right to limit the quantities ordered, simply for reasons of storage in the automatic racks and refrigerators. In the event that either of these limitations is exceeded, a warning message will be displayed during the creation of the basket, indicating to the user that the quantity or weight limit of a product has been exceeded.
Octus also reserves the right to cancel the order if the order or the quantity ordered of an item is deemed too large. In this case, Octus will inform the customer.
6.4 Order procedure and validation
6.4.1. Order procedure
To place an order, the Customer must connect via his Customer account by entering his 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 authorization from the Customer. The next available delivery dates related to the delivery location chosen by the Customer are displayed on the Site.
Once all the products have been selected, the Customer finalizes the contents of his basket, if necessary modifies the quantities, adds or deletes products, then validates his basket by clicking on the "Order" button. The Customer also has the possibility to add products to shopping lists, which can be found via the "My Account" icon, or to save an entire shopping cart as a shopping list. The fact that a product is in a shopping list does not mean that the product has been reserved.
The Customer must then select and confirm the delivery day and validate his choice by clicking on the "Next" button.
Octus offers two possibilities of storage of the goods once they arrive at the delivery location and until the moment the Customer collects the order. The storage methods depend on the Service Agreement. Octus undertakes to deliver to the delivery site predefined in the Service Agreement and to store the Customer's orders either in automatic racks at room temperature and refrigerated, or in refrigerators and furniture storage located in a secure room defined in the Service Agreement in order to guarantee the quality of the products.
The Customer must then read and accept the General Terms and Conditions of Sale by checking the corresponding box: "I accept the general terms and conditions of sale".
Once the validation step is completed, the Customer's order is automatically recorded and becomes firm, definitive and irrevocable. Once confirmed, orders cannot be modified.
All orders are subject to a confirmation e-mail. This document, which must be kept, constitutes proof of the Customer's order and of the contract binding the latter and Octus. Octus systematically archives the proof of orders and invoices that can be produced if necessary.
Only online payment is available as a method of payment.
At no time, the sums collected can be considered as deposits or down payments.
The Customer explicitly acknowledges his obligation to pay when validating the order
In other words, the Customer acknowledges that the placing of an order entails the payment of the same by clicking on the "Confirm" button
The Customer shall proceed to the payment of his order by VISA, Mastercard or Apple Pay, by filling in his banking data according to the indications of the Site. This information is encrypted and stored in a secure environment. The services and means of payment are provided by the company "Six Payment Services", which ensures protection against the risk of fraud and guarantees the confidentiality of credit card numbers. Lux Trust and 3D Secure services complete the security of online payments.
The Customer can then validate his order by clicking on the "Buy" button. The Customer is then informed that his payment will be made directly after the confirmation of his order preparation. A request for authorization to reserve the debit of the credit card is made for the total amount of the order indicated on the Site, increased by 5% of the total amount to ensure possible slight upward deviations due to products whose price depends on weight. It is only after the confirmation of the preparation of the order that Octus will actually debit the credit card for the amount of the order.
6.5 Confirmation of receipt and preparation of the order
Octus confirms to the Customer the receipt of the order by e-mail summarizing the products ordered, the price including VAT (including any additional charges), the date and address of delivery and the order number. All prices mentioned on this e-mail include VAT and any other taxes or contributions that may be imposed by law. The possible unavailability of some items at the time of collection/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. Octus reserves the right not to accept an order for a legitimate reason (difficulty of supply of a product, abnormal quantities ordered, problem concerning the understanding of the order received, foreseeable problem concerning the delivery to be made, abnormality of the order with regard to the current needs of a consumer...). If the Customer's order is not accepted, Octus will inform the Customer by e-mail or by telephone.
6.6 Time limits for availability and collection of the order
Octus confirms to the Customer the receipt and the day of delivery of his order, the preparation of the order on the day of delivery and the delivery of the order by e-mail.
In case of unavailability of the ordered product on the delivery date of the order, Octus immediately informs the Customer via the order preparation confirmation notification. In this case, the corresponding price that will be effectively invoiced will be recalculated taking into account the missing items, and the account will not be debited for the amount corresponding to the missing items. Octus is not liable for any cancellation indemnity, unless the non-performance of the contract is personally attributable to Octus.
Octus will deliver the order between 12:00 noon and 5:00 p.m. on the scheduled delivery day.
The Customer is obliged to collect the order before 12:00 p.m. (i.e. noon) of the day following the delivery. Octus reserves the right to retract the order if the order has not been picked up before the next delivery without having to refund the amount invoiced to the Customer.
In the event that the Customer is unable to pick up the order, whether due to illness or other reasons, it is the Customer's responsibility to cancel the order before 10:00 p.m. the day before the delivery.
In order to pick up an order at a delivery address with an automatic order pickup facility, the User is provided with a QR code, sent with the order delivery confirmation, to be scanned by the locker facility's scanner. After scanning the QR code, the lockers assigned to a Customer will be displayed and unlocked so that the Customer can pick up the order.
Regarding the delivery of goods to a secure location, the Customer is notified after the delivery person drops off the order, but does not receive a QR code. With the help of a sheet displayed on the shopping bags and including the name, number of bags and a QR code, the Customer can identify the bags containing his goods. Please note: unlike the automatic lockers, the QR code is used here to be scanned by the Customer via an application, which only serves to notify Octus of the order pickup. Note that the confirmation of the order pickup can also be done via the link in the delivery confirmation email.
Octus cannot be held responsible in case of disappearance of the goods after delivery.
In case of an error in the preparation of the order, the Customer is required to contact customer service (+352 2828 4130 or email@example.com) via the procedure mentioned in article 8. Right of withdrawal.
6.7 Preservation of food and respect of the cold chain
Octus ensures the respect of the cold chain throughout the delivery chain.
During transport, Octus uses refrigerated trucks to guarantee the right temperature.
Orders delivered in automatic crates are kept either at room temperature or at a refrigerated temperature, depending on the requirements of the products in question, until the goods are collected by the Customer.
For delivery locations that do not have automatic temperature-controlled lockers but a secure room to store the Customer's orders, Octus will store the fresh products, using a refrigerated cabinet, until the goods are collected by the Customer.
6.8 Delivery and preparation fees
Octus does not charge any order preparation fees or delivery fees.
6.9 Order tracking
Octus does not have a real-time order tracking service. However, Octus does offer order status updates via email notifications. This includes confirmation of the order, initiation of delivery and handover of the goods by the delivery person. After the order has been collected by the Customer, Octus takes the liberty of sending an additional notification to ask for feedback on the Customer's user experience. This is done for the sole purpose of improving the Octus service.
An order history of the Customer's orders is available in the "My Account" section.
7. Transfer of ownership of the products
As mentioned below, the order confirmation email constitutes the acceptance of the contract by Octus, the proof of the Customer's order and the contract binding the Customer to Octus. From this contract arises an obligation for the Customer to pay for the ordered goods as well as an obligation for Octus to deliver these goods on the agreed date.
Similarly, as mentioned below, upon delivery of the order to the collection site designated by the Customer, all risk in the goods is transferred to the Customer. It is understood that delivery of the order to the collection site designated by the Customer is equivalent to physical possession of the order by the person occupying the premises.
Nevertheless, the transfer of ownership of the products takes place at the moment when the Customer's bank account is actually debited, or, more precisely, at the time of the order preparation confirmation.
8. Right of Withdrawal
The Customer, as a consumer within the meaning of Article L.010-1 of the French Consumer Code, has a right of withdrawal which may be exercised within 14 (fourteen) calendar days from receipt of the order, in accordance with Article L.222-9 of the Consumer Code. The Customer is made aware of the fact that this right of withdrawal does not exist for the goods and services listed in paragraph 7 of the aforementioned article L.222-9, among which are
- products which, by their nature, are likely to deteriorate or expire quickly (especially fresh products),
- sealed products that cannot be returned for reasons of health protection or hygiene and that have been unsealed by the consumer after delivery,
- goods which, after being delivered, and by their nature, are mixed indissociably with other articles,
- goods or services whose price depends on fluctuations in the financial market, which is not in a state to control and likely to occur during the withdrawal period.
If the last day of the period for the right of withdrawal is not a working day, the period is extended until the next working day.
This right can be exercised without giving any reason, without any penalties and without any costs except for the direct costs of returning the goods, which are to be borne by the customer.
To exercise his right of withdrawal, the Customer must :
- notify Octus, before the expiry of the aforementioned period, by telephone (+35228284130), by mail (Cactus S.A., cactus@home, 3 route des Trois Cantons, L - 8399 Windhof) or by e-mail (firstname.lastname@example.org), of his decision to withdraw from this contract by means of an unambiguous statement.
- and return, at its expense, the products concerned to the site of collection of the order accompanied by the invoice number.
The Customer shall only be liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good. 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, no later than 14 days after the return of the goods or, if applicable, the proof of shipment of the goods by the consumer or the receipt of the withdrawal letter for services. The refund will be made using the same payment method as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to another payment method.
Octus will do its best to deliver quality products. However, in case of defective goods or insufficient quality, complaints must be made by e-mail, via the contact form on the Site, via the address email@example.com or by telephone at +352 2828 4130 during the opening hours of the service.
Octus will not be responsible for damages resulting from misuse or improper storage of products sold on the Site.
The return of goods will be done exclusively via the procedure mentioned in article 8 within fourteen days following the delivery of the goods. Returned products must be returned in their original condition with original sealed packaging.
With the exception of the above, for all products from the butchery, poultry, fishmonger's, bakery, cheese, pastry, fruit and vegetable departments, claims must be made within 2 hours after delivery of the order. Returned products must be returned in their original condition with original sealed packaging.
Subject to Octus' acceptance of the customer's complaint, Octus will exchange the product for a product of appropriate quality. Octus will not reimburse the Customer for any amount paid.
Octus reserves the right to refuse any return of product not made in the manner and time frame described above.
10. Proof / Archiving
The Customer has the possibility to download his invoice and/or to print it in the "History" section in the "My account" section, or to request a paper edition of his invoice from Customer Service.
Computer data generated as a result of access and/or use of the Site (including, in particular, programs, connection data, files, recordings, operations and other elements on a computer or electronic medium) (hereinafter the "Data") may be kept and archived, within the limits provided for by law, by Octus within its computer system, in conditions that guarantee their integrity.
The Data are authentic between the Customer and Octus, and will be considered as proof of communications between the Customer and Octus.
The Data constitute literal evidence within the meaning of Article 1341 of the Civil Code and have the same evidentiary force as a document that would be established, received or kept in writing on paper.
Consequently, the Data may be validly produced as means of proof and be used against the Customer in the context of any claim or legal action with the same evidential force as any document that would be established, received or kept in writing on paper, which the Customer expressly acknowledges.
Customer agrees not to challenge the admissibility, enforceability or evidentiary value of the Data due to its electronic nature.
The Client may have access to all the Data on simple request sent by mail to Cactus S.A., cactus@home, 3 route des Trois Cantons, L - 8399 Windhof (or by e-mail (firstname.lastname@example.org)
11. Processing of personal data
Octus will have to process personal data collected from the Customer which will be the subject of automated or non-automated processing by Octus for the purpose of entering into commercial relations relating to Octus' products, for the purpose of commercial prospecting and for the purpose of enabling Octus to fulfil its legal obligations. Data may be transferred to Octus' business partners for the above purposes. The data collected is processed in accordance with the legislation on the protection of personal data. By accepting the General Conditions, the Customer explicitly authorizes Octus and/or its partner companies to use the data concerning him/her for the purposes determined above.
The Customer has the right to access and rectify data concerning him/her. He may exercise these rights by sending a written request to Octus at the following address Cactus S.A., cactus@home, 3 route des Trois Cantons, L - 8399 Windhof or by e-mail to email@example.com. The Customer may also exercise his right to object to the processing of his data, although this exercise may constitute an obstacle to the conclusion or continuation of the contractual relationship between the Customer and Octus.
The security of the data is guaranteed by the most modern technical means against any unauthorized access. However, Octus declines all responsibility for the security of data transmitted via the Internet.
The personal data concerning the Customer collected by Octus will be kept in a form that allows the identification of the persons concerned for a period not exceeding that necessary to achieve the purposes for which they are collected and processed.
The Site uses "cookies" and other similar tools. Cookies" are small text files left on the Customer's device when visiting the Site. They collect information about the Customer's operating system, including the Internet Protocol (IP) address, and are used to identify the Customer and his or her computer settings the next time the Customer visits the Site.
13. Force Majeure
13.1. Force majeure
Octus cannot be held responsible if the Products have not been delivered or have been delivered late in case of force majeure or act of God. Expressly, are considered as force majeure or fortuitous events, those usually retained by the jurisprudence of courts and tribunals, as well as the following events:
War, riot, fire, internal or external strikes, lockout, occupation of the premises of one of the parties, bad weather, earthquake, flood, water damage, legal or governmental restrictions, legal or regulatory changes in the forms of marketing, accidents of any kind, epidemic (to be seen), pandemic (to be seen), illness affecting more than fifteen (15) % of the personnel of one of the parties in a period of two consecutive months, absence of energy supply, partial or total stoppage of the Internet network and, more generally, of private or public telecommunications networks, road blockages and supply impossibilities and any other case independent of the express will of the parties preventing the normal execution of the contract.
Octus affected by a case of force majeure will immediately notify the Customer by e-mail or by any other means, confirmed by registered letter with acknowledgement of receipt, and will provide proof of the situation. Octus undertakes to do its utmost to reduce as much as possible the harmful effects resulting from this situation.
No compensation will be due.
The same rules and obligations apply to the Customer.
13.2 Unforeseen events
In the event of the occurrence of an event that does not qualify as force majeure and without allowing a total exemption from their obligations, the Parties agree to renegotiate the contractual terms and conditions, when a party to a contract proves that:
(a) the continued performance of its contractual obligations has become unreasonably onerous due to an event beyond its reasonable control and which could not reasonably be expected to have been taken into account at the time the contract was entered into; and that
(b) it could not reasonably have avoided or overcome the event or its consequences.
The parties shall be obliged, within a reasonable period of time from the invocation of this clause, to negotiate alternative contractual terms and conditions which would reasonably allow the consequences of the event to be overcome if their performance would become excessively onerous in relation to the risks not accepted at the time of the signing of the contract or, more generally, at the time of the release of the order.
14. 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 (in particular texts, graphics, images, photographs, videos, information, logos, button icons, software, audio and other files, databases) are protected by intellectual property, and in particular by copyright and trademark law.
Octus authorizes the Customer to access and use the Site and its contents exclusively for personal purposes. Any professional or commercial use of these data is strictly prohibited.
Octus reserves all rights to the Site. Access to and use of the Site shall not be considered as a transfer or license of rights. Consequently, the Customer is prohibited from using the Site for purposes other than those mentioned above, and in particular from reproducing or representing publicly, modifying, extracting or decompiling all or part of the Site, including in particular its structure, tree structure, graphics, object or source codes as well as its content (in particular texts, graphics, images, videos, information, logos, button icons, software, audio files and others, databases), in the absence of our prior express agreement.
In the absence of prior and express authorization from Octus, any reproduction or representation, in whole or in part, of the Site, of one or more of its components, by any process whatsoever, is prohibited, and constitutes an infringement sanctioned by the legislation in force.
The user who has a personal Internet site has the possibility of placing on his site a simple link referring directly to the home page of the Site, provided that the said personal site, in whole or in part, is in conformity with the legislation in force, public order and good morals, and in no case prejudicial or likely to damage the reputation of Octus or the companies of the group to which it belongs.
The insertion of such a link in the above-mentioned conditions shall in no case be interpreted as an implicit affiliation agreement or as implying a contract between Octus and the owner of a third-party website.
The technique that consists of directly integrating elements from the Site into a web page (known as framing and in-line linking) is strictly prohibited.
In any case, any link to the Site must be removed upon request from Octus.
15. Operation, modification and interruption of the Site
Octus reserves the right, at any time, to temporarily interrupt access to all or part of the site for technical reasons, to modify the contractual conditions or to bring the site into compliance with legal or regulatory provisions, without having to inform the Customer in advance.
Octus cannot be held responsible for malfunctions or failures of the network or servers or any other technical malfunction beyond its reasonable control that would prevent or alter access to all or part of the Site, as well as in case of force majeure as defined by the applicable regulations.
The Customer's attention is drawn to the limitations and constraints of the Internet network and the impossibility of guaranteeing the total security of data exchanges. It is the Customer's responsibility to take all necessary measures to protect himself against unauthorized intrusions into his information system, in particular by securing his Internet connection with a password and a security code or by using appropriate anti-virus software.
In addition, the Customer is informed that the quality of the functioning of the Site and in particular the response times are likely to vary according to the personal parameters of his connection station and his Internet access service. Octus assumes no responsibility in this regard.
Consequently, Octus cannot be held responsible, directly or indirectly, for any malfunction of the Site, including any loss of data saved on the customer account, caused by one or more of the technical characteristics inherent to the Internet network, or to the computer equipment or software used by the Customer, for any reason whatsoever.
Similarly, Octus cannot be blamed for any malfunction of the Site, including any loss of data saved in the customer account, if such malfunction results from improper use of the Site by the Customer, or from the inadequacy of the computer hardware and software used.
The Site may contain hyperlinks or references to other Internet sites, including social networks, belonging to third parties. Octus does not accept any responsibility for the content of these websites.
16. Applicable law and competent courts
These General Conditions are subject to the laws of the Grand Duchy of Luxembourg.
The courts of the judicial district of Luxembourg shall have exclusive jurisdiction over any dispute between the Customer and Octus, although Octus may bring the dispute before any other court which, in the absence of the foregoing choice of jurisdiction, would normally have jurisdiction.
If any provision of the General Terms and Conditions is contrary to a mandatory provision or a provision of public order, or if any provision is ineffective for any other reason, the validity of the other provisions of the General Terms and Conditions shall not be affected. The parties shall endeavour to replace the invalid or ineffective provision, insofar as possible, by an effective provision that preserves the contractual economy and reflects the original spirit underlying the General Terms and Conditions.
The computer records, databases, books and documents of Octus constitute proof of the existence and content of contracts and transactions concluded from the Site.
The Customer declares having had access to the General Conditions, having read them, having understood them, accepting them without reservations or limitations and having had the opportunity to keep them and to reproduce them by printing them.