Terms and conditions of use

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1. Orders are delivered and offers are made provided that goods, transport and packaging are available. Goods are invoiced at the price in force on the day of delivery. Except for lubricants, this price is determined according to the price set by the Luxembourg government, which is competent to set the maximum selling price of fuel and combustibles in the Grand Duchy of Luxembourg. The goods may not be resold under any other name or brand than that indicated by the seller. Any breach of these obligations or of one of them and any repeat offence shall automatically and without formal notice give rise to a penalty of €250 per breach and per case, independently of the application of the other provisions of the contract.

2. The buyer shall take all measures to avoid altering the quality of the product, whether by himself or by a third party. The purchaser shall ensure strict compliance with the legislation in force, in particular with regard to taxation, both for himself and for any person to whom he delivers the product. In the event of non-compliance with these provisions, the seller reserves the right to suspend delivery or to terminate the contract without compensation to the buyer, but without prejudice to the seller's rights to damages.
The seller shall have the right to deliver the goods in bulk according to the needs of the service, the supply being made for a minimum of 1,000 litres in quantities equal to four fifths of the customer's storage capacity, quantities that may be rounded up to the next multiple.
This article does not apply to relations between sellers and consumers within the meaning of the Consumer Code introduced by the law of 8 April 2011 in Luxembourg.

3. The buyer shall ensure that he has storage facilities that are in good condition and comply with the applicable legal and regulatory provisions. He shall take all necessary steps to ensure that the delivery runs smoothly. If the buyer has specified the number of litres to be delivered, the seller shall not be liable for any overflow.

4. The seller shall have the right to suspend or limit his deliveries in the following cases: war, riots, strikes, restrictions on imports or exports, blockades, accidents of any kind, even en route, defects in packaging or means of transport, shortages of products or raw materials, restrictions of any kind in both producing and consuming countries, cases of force majeure, fortuitous events and all events that limit the seller's ability to purchase, transport, import, unload or distribute the products.
In the event of an increase in salaries, taxes, duties, fees, transport or insurance costs, an increase in the raw materials required for its production and any other cause that may influence its cost price, the seller reserves the right to increase the price stipulated in the contract proportionally.
In the event of disruption of the normal market for petroleum products by decision of any authority or unforeseeable event, the seller may suspend any special conditions derogating from these general conditions.

5. The seller undertakes to use his best efforts to ensure that the goods are delivered within the agreed time. In the event of a delay in delivery and provided that the buyer has sent a written reminder to the seller, that the goods have not been delivered within 48 hours of receipt by the seller of this reminder and that the delay is exclusively attributable to the seller, the buyer shall be entitled to claim from the seller, for each day of delay, fixed compensation equal to 0.5% of the total amount of the order, with a maximum of 15% of the total amount of the order.
The goods and their quality shall be checked at the time of delivery. In the absence of a complaint within three days of delivery, the buyer shall be deemed to have accepted the goods.
Where the seller's liability is invoked by the buyer, the latter may in no case claim compensation for indirect damage, i.e. commercial or financial damage such as loss of value, increased costs, loss of customers or expected profit, disruption of planning, actions or complaints by third parties. This paragraph does not apply to the relationship between the seller and the consumers within the meaning of the Consumer Code introduced by the law of 8 April 2011 in Luxembourg.

6.All sales are made in cash. Invoices are due and payable on the date indicated. In the event of payment by direct debit of invoices, the present document serves as a pre-notification of the SEPA direct debit, if any, used for their payment after the due date. Sufficient funds must be in the bank account on the due date of the direct debit.  Any invoice that remains unpaid on its due date shall automatically and without notice of default incur late payment interest, in accordance with the applicable provisions of the law of 18 April 2004 on payment periods and late payment interest.
In addition, any invoice that remains unpaid after a first written reminder has been sent to the buyer shall automatically be increased by 9% with a minimum of €50 as a fixed and irreducible penalty clause intended to compensate the seller for the damage caused to the management and organisation of his business.
In the event of non-performance of the contract by the buyer, the latter undertakes to pay the seller an indemnity equal to 10% of the price provided for in the contract in accordance with Article 1226 of the Civil Code. This compensation, payable without prior notice on the day of termination, is due without prejudice to the seller's right to reimbursement of the costs it has incurred in this respect in accordance with the provisions of Article 1621 of the Luxembourg Civil Code.
In the event of unjustified use by the buyer of his right to reimbursement under Articles 89 and 90 of the Law of 10 November 2009 on payment services, the seller shall be entitled to claim - in addition to the damages provided for above in the event of late payment - reimbursement of all costs incurred by him as a result of the unjustified use of the right to reimbursement by the buyer.
The buyer must check the correct application of the tariffs or discounts before any payment of the invoice. Any dispute after payment of the invoice cannot be taken into consideration. Any taxes or duties whatsoever established or to be established by the Luxembourg government or by any other competent authority shall be borne by the buyer. The acceptance or payment of an invoice implies acceptance of the seller's conditions of sale, also for future sales.

7. Failure to pay an invoice or bill of exchange, even partially, on the due date shall result in the forfeiture of the term granted for all deliveries made and shall render the entire account receivable and accepted bills of exchange not yet due immediately payable. In addition, it gives the seller the right to terminate the current contracts for the supplies still to be made without any other formality than notification by registered letter to the post office.

8. The risks associated with the goods shall pass to the buyer at the latest upon delivery, without prejudice to the application of Article 1138 para. 2 of the Civil Code. However, and unless otherwise stipulated in the specific conditions of the contract, the goods remain the exclusive property of the seller until full payment of the invoiced price, any interest on arrears and any other compensation due by the buyer.
In the event of resale of the goods to a third party before full payment of the price by the buyer, the latter undertakes to inform the third party of the seller's retention of title and to notify the seller of the transfer so that the latter can preserve its rights and, if necessary, exercise a claim on the resale price against the third party.

9. The seller guarantees that the products delivered comply with the REACH Regulation (EC Regulation No. 1907/2006 concerning the registration, evaluation and authorisation of chemical substances) in force on the day of delivery, for the uses mentioned in the Safety Data Sheets (SDS). These are available on www.quickfds.com. The buyer undertakes to comply with the provisions and precautions contained therein and to pass them on to his staff and any sub-purchasers. The seller shall in no case be liable for any damage whatsoever resulting from the buyer's failure to inform of the contents of the MSDSs, from the failure of any downstream user to comply with these contents, or from any use of the products not envisaged in the MSDSs or not recommended by the seller.
The quality of the products delivered is defined exclusively by the specifications established by the seller. The uses of the products identified under the REACH Regulation do not in themselves constitute an agreement between the parties as to the quality of the products or as to a specific use of the products.

10. In case of an order placed on the website my.totalenergies.lu, the buyer does not benefit from the right of withdrawal in the context of the supply of heating oil.

11.In the case of the supply of pellets in bags, the buyer has a right of withdrawal of 14 days. The buyer loses this right of withdrawal as soon as the pellet bag is opened or damaged. The right of withdrawal can be exercised by sending an e-mail to the address: service-clients.lux@totalenergies.com

12. For fuel oil orders placed on the my.totalenergies.lu website and paid for by credit card, the estimated order amount, plus 10% as a purchase guarantee, is blocked on the buyer's credit card. Subject to a refusal to take delivery, only the amount corresponding to the quantity delivered at the maximum price authorised on the day of delivery will be debited the day after the delivery

13. After receiving delivery of the order placed on the my.totalenergies.lu website, the buyer will receive an invoice at the e-mail address they used to register on the website. The buyer will also have access to the online platform Doc-Online, where all their invoices can be found. If the buyer no longer wishes to receive invoices by e-mail, they can unsubscribe from the service in the customer section at my.totalenergies.lu , or inform the seller by sending an e-mail to service-clients.lux@totalenergies.com

14. For orders placed by phone, the buyer can specify when they place their order whether they wish to receive the invoice by e-mail or by post. For electronic invoices, if the buyer no longer wishes to receive invoices by e-mail, they can inform the seller by sending an e-mail to service-clients.lux@totalenergies.com

15. The vendor and the purchaser are subject to a duty of confidentiality and shall keep all clauses and conditions set out in the following strictly confidential. This mutual obligation concerns both information in material (order forms, contracts and appendices, other documents, brochures, procedures, etc.) and immaterial form (verbal, electronic, audio-visual, etc.), as well as all data of a personal nature. Non-observation of this obligation can lead to legal action. The vendor and the purchaser are, however, authorised to divulge confidential information with the agreement of the other party to: i) their managers, employees, accountants, insurers, auditors, legal and financial advisors, bankers, financial establishments, legal successors or potential legal successors, agents or representatives of all kinds provided that these authorised recipients are in turn also obliged to maintain confidentiality; ii) all companies within the same group as the party; iii) all legal or public authorities on presentation of a mandate or an official request, provided that the disclosing party informs the other party of this disclosure without delay and in writing; and iv) all national or European regulatory authorities, subject to the disclosing party informing the other party of this disclosure without delay and in writing.

16. The information collected in the context of orders and deliveries is subject to computer processing intended for their management, billing and the provision of any additional services. The recipients of the data are TOTALENERGIES MKG LUXEMBOURG and the companies involved in the execution of the order. Personal data is reserved for the use of TOTALENERGIES MKG LUXEMBOURG and may only be transmitted to companies in the TOTAL group or to service providers involved in the management of the delivery. This data will be kept by TOTALENERGIES MKG LUXEMBOURG for the entire duration of the Contract and 5 years after its expiry. In accordance with the regulations in force, the customer and, where applicable, the natural persons concerned, have the right to access, rectify and delete personal information concerning them by contacting TOTALENERGIES MKG LUXEMBOURG at the following address: 310 route d’Esch, L-1471 Luxembourg. The customer and, where applicable, the natural persons concerned may, for legitimate reasons, object to the processing of data concerning them. The customer undertakes to inform the natural persons of all these provisions.

17. The present sale is subject to Luxembourg law. Any dispute whatsoever shall fall under the exclusive jurisdiction of the courts of Luxembourg.

[1] Conformity with the definition given in Article 4 of Regulation (UE) 2016/679 of the European Parliament and Council of 27th April 2016 in relation to the protection of physical persons with regard to handling personal data (…), known in the following as RGPD.
[2] Conformity with the definition given via Article 2.1 of the Directive (UE) 2016/943 of the European Parliament and Council of 8th June 2016 in relation to the protection of undisclosed expertise and commercial information not divulged (business secrets) against illicit acquisition, use and disclosure.

Version: 22.10.2023 CGV TEMKGL

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