terms & conditions
I – Purpose
These terms and conditions shall govern the contractual relations between Proximo sarl and the Client. In particular, they apply to all services performed by Proximo sarl and the Client. All clauses herein apply by mutual consent and form the legal basis between the parties. Any details not expressly detailed herein will be dealt with the reference to the current legislation of the Grand Duchy of Luxembourg.
II – Orders
All binding orders placed by the Client imply the unreserved acceptance of the present terms and conditions. A binding order includes any detailed and priced offer from Proximo sarl, which the Client has duly accepted by, for example, returning an offer or quotation received (including by simple email reply).
III – Services
All services offered by Proximo sarl are detailed in the order returned by the Client. Proximo sarl may also propose to the Client to organize certain requested services through the intermediary of entities who have entered into partner or sub-contracting arrangements with Proximo sarl (Partner Enterprises). Such services shall be carried out and invoiced directly and solely by the Partner Enterprises and entail contractual obligations solely between these Partner Enterprises and the client, with Proximo sarl only acting as an intermediary for the introduction.
IV – Prices and payment conditions
The prices for Proximo sarl services are those set out in the final offer, which has been accepted by the Client. Such acceptance may result from the Client's email reply to an offer/quote. Invoices are payable upon recept by means of a bank transfer (“virement”) at the time the order is placed. Proximo sarl reserves the right not to deliver the services if prior payment has not been made.
Article 12 of the law of 18 April 2004 concerning payment periods and interest on late payment will be applied in the case of late payment. There will be no liability in case of “force majeure”.
V – Modifications, delays or cancelling of orders
No modification or cancellation of an order shall be taken into account by Proximo sarl unless it is received at least 12 hours prior to the date scheduled for such service. In such case Proximo sarl reserves the right to invoice the Client a compensatory amount of 20 euros. In the case of any cancellations received less then 12 hours prior to the order, Proximo sarl shall be entitled to invoice the Client the entire amount previously agreed for the cancelled service.
VI – Liability
Proximo sarl shall only be liable of an obligation of reasonable care for the execution of its obligations. Proximo sarl shall only be liable for severe and/or intentional faults. Proximo sarl does not assume any liability regarding the good or otherwise execution of services contracted between the Client and the Partner Enterprises. Proximo sarl will not be liable for any damages caused to the Client by a Partner Enterprise.
VII – Data protection
The Client formally authorizes Proximo sarl to collect, retain and deal with his/her personal data. Such information will be integrated into a database of Proximo sarl in the form of a client file and shall be used for billing, for carrying out any orders placed and for statistical purposes. The client authorizes Proximo sarl to share such information with such Partner Enterprises as shall be requested to carry out services for the Client. Proximo sarl shall use all reasonable means to ensure the confidentiality of such information by itslef and, to the extent possible, by the Partner Enterprises.
The Client has the right to demand corrections, updates and/or the deletion of his/her personal data. Such data shall be kept for a period of five years.
VIII – Law and Juridiction
Any disputes relating to the interpretation or the execution of this contract are to be dealt with exclusively by the courts of the Grand-Duchy of Luxembourg. The laws governing this contract are those of the Grand-Duchy of Luxembourg.