Terms and Conditions

Terms & Conditions

Events registration, payments and cancellation

Events Registration and Publications Purchase, Payments and Cancelation

 1. The payment conditions mentioned hereinafter apply to:

-          the registration by members and non-members of the American Chamber of Commerce in Luxembourg, ASBL (“AMCHAM”) to the American Business Association of Luxembourg (the “ABAL”) and Thanksgiving events organized by AMCHAM (the “Event”, collectively the “Events”); and

-          the purchasing of publications sold by AMCHAM through its website (the “Publication”, collectively the “Publications”).

 2. The registration price for an Event or the purchasing price of a Publication, including shipping costs, if any (the “Price”), is to be paid:

-          in Euros; and

-          online by credit card only.

Prices are to be paid in advance at the latest:

-          for the registration for an Event, on the date specified to this end on the invitation/web page related to such Event; and

-          for the purchasing of a Publication, at the time of the online order;

(the “Payment Deadline”).

 3. As stated, the payment of the Price must be made online by credit card. For this purpose, AMCHAM has put at the disposal of the purchasers, the secure payment system SaferpayTM of SIX Pay S.A. commercialized by CETREL S.A. (the “Secure Payment System”), which protects such payments against the risk of fraud and guarantees the confidentiality of credit card numbers.

Only the following cards are accepted for the payment of the Price: MasterCard and Visa.

SIX Pay S.A. will be responsible for ensuring that the credit card is not blocked and that no limit is exceeded and, as the case may be, authorize the payment. SIX Pay S.A. will inform the purchaser of the acceptance or rejection of the payment. The payment will appear on the related MasterCard or Visa statement.

Data attached to credit cards will be encrypted and will not be transferred to, or through, AMCHAM’s Web site. AMCHAM will only be informed of the acceptance or rejection of the payment.

The purchaser shall ensure that (i) the type of credit card used for the payment is accepted, (ii) such credit card is valid and (iii) the credit card is covered by sufficient funds or a sufficient credit limit.

The purchaser shall also ensure that the computer, software and internet connection used for the payment is compatible with the Secure Payment System.

AMCHAM cannot be held liable for payments made by the purchaser through the Secure Payment System.

AMCHAM cannot be held liable for any unavailability or malfunctioning of the Secure Payment System and of their direct or indirect consequences (including the non-registration for an Event).

4. The registration for an Event and the sale of a Publication are conditional upon acceptance by SIX Pay S.A. of the payment of the Price, as specified above.

Therefore:

-          if the payment related to a registration for an Event is only accepted by SIX Pay S.A. after the Payment Deadline, such registration shall not be considered as having been validly made ;

-          AMCHAM has no obligation to deliver a Publication to the purchaser before the acceptance of the payment of the Price by SIX Pay S.A.

By registering for an Event or purchasing a Publication, the purchaser also acknowledges and accepts that AMCHAM cannot be held liable in the event payments are refused or accepted by SIX Pay S.A. after the Payment Deadline including in the event of delayed or cancelled delivery of a Publication due to such late acceptance or refusal by SIX Pay S.A., AMCHAM having no control over the payment process.

 

5. If an Event is cancelled by AMCHAM, for any reason whatsoever, the purchaser who is registered for this Event will be reimbursed of the amount of the Price paid. The purchaser acknowledges and accepts that the liability of AMCHAM in the event of the cancellation of an Event, if any, is limited to the amount of the Price paid by this purchaser. The purchaser is not entitled to claim any additional sums or damage.

In the event that a purchaser registered for an Event subsequently cancels his registration, for any reason whatsoever, he is entitled to claim for the reimbursement of the Price paid provided he applies in writing for the cancelation of his registration, at the latest, 72 hours prior to the starting hour of such Event, failing which AMCHAM is entitled to keep the Price.

6. The Publications shall only be delivered to addresses within the European Union, excluding overseas departments and territories (e.g. French Caribbean, British Virgin Islands, Cayman Islands…).

The dates of delivery of the Publications indicated by AMCHAM shall be regarded as purely indicative and are therefore not binding for AMCHAM.

-          If the delivery of a Publication on the agreed delivery date is impossible, for any reason whatsoever (including in the event the Publication is permanently or temporarily unavailable), the purchaser shall be informed that delivery is not possible and, as the case may be, the duration of such impossibility (the "Information"): if the delivery is permanently impossible, the purchaser will be reimbursed of the amount of the Price paid; and

-          if the delivery is temporarily impossible, the purchaser shall be entitled to be reimbursed the amount of the Price paid, provided he applies in writing for the cancelation of his purchase, within 72 hours as of the date on which he was provided with the Information, failing which the purchaser shall be considered as having accepted a delayed delivery of the purchased Publication.

The purchaser acknowledges and accepts that in the event a sale is canceled or a delivery delayed by AMCHAM, the liability of AMCHAM, if any, is limited to amount of the Price paid. The purchaser is not entitled to claim any additional sums or damage. This provision is not applicable if the purchaser is a consumer within the meaning of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights (the “Directive 2011/83/EU”).

The purchaser is entitled to cancel the purchase of a Publication and to claim the reimbursement of the amount of the Price paid, for any reason whatsoever, prior to its sending date to the purchaser, provided he applies in writing for such cancelation and subsequent reimbursement sufficiently in advance prior to the sending date.

7. Any demand, notice, claim, or other communication in relation to the purchase of a Publication or the registration to an Event, shall be made by the purchaser by using one of the following contact details:

American Chamber of Commerce in Luxembourg

6, rue Antoine de Saint-Exupéry

L-1432 Luxembourg

Phone: +352 43 17 56

Fax: +352 26 09 47 04

E-mail: info( at )amcham.lu

8. In addition to the rights mentioned above, if the purchaser is a consumer within the meaning of the Directive 2011/83/EU, he is entitled to withdraw from the contract entered into between him and AMCHAM within 14 days, without any reason whatsoever, as of:

-          regarding the sale of Publication(s), the day on which he acquired, or a third party other than the carrier and indicated by the purchaser acquired, physical possession of the Publication, or of the last lot or piece in case of a purchase of multiple Publications; or

-          regarding the registration to an Event, the day on which AMCHAM acknowledged receipt of the confirmation of the acceptance of the purchaser.

However, the purchaser acknowledges and accepts that the aforementioned right of withdrawal will be, in any event, definitively lost once the Event has occurred.

To exercise his right of withdrawal, the purchaser shall send to AMCHAM, before the date of expiration of the withdrawal period, an unequivocal statement of withdrawal from the contract of sale of Publication(s) or from the registration to an Event, by post, fax or e-mail to the contact details mentioned in paragraph

7. The purchaser may also use the attached model withdrawal form, but it is not obligatory.

If the purchaser withdraws from the sale of Publication(s) or from the registration to an Event, AMCHAM shall reimburse to the purchaser all payments received from him, including the costs of delivery, if any, within a maximum of 14 days from the day on which AMCHAM is informed about the decision of the purchaser to withdraw from the sale of Publication(s) or the registration to an Event. However, AMCHAM may withhold reimbursement until it has received the Publication(s) sold back or until the purchaser has supplied evidence of having sent back the Publication(s) purchased, whichever is the earliest. AMCHAM will carry out such reimbursement using the same means of payment as the purchaser used for the initial transaction, unless otherwise expressly agreed; in any event, the purchaser will not incur any fees as a result of such reimbursement.

The purchaser shall send back the Publication(s) or hand it over to AMCHAM to the address mentioned in paragraph 7 above, without undue delay and in any event not later than 14 days from the day on which the purchaser informed AMCHAM his withdrawal from the sale of Publication(s). The deadline is met if the purchaser sends back the Publication(s) before the period of 14 days has expired.

The purchaser shall bear the direct cost of returning the Publication(s).

The purchaser is only liable for any diminished value of the Publication(s) sold resulting from the handling other than what is necessary to establish the nature and characteristics of the Publication(s).

9. The purchaser is entitled, in addition to the legal warranties provided by articles 1625 to 1649 of Luxembourg Civil Code, to the legal warranty of conformity provided by articles L. 212-1 to L. 212-9 of Luxembourg Consumer Code.

10. AMCHAM does not file the contracts.

 The language of the contract is the English language.

11. These terms and conditions shall be construed in accordance with and governed by the laws of the Grand Duchy of Luxembourg, without prejudice to any rights granted to consumers by binding provisions in force in the consumer’s country of residence, in accordance with the Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations.

The courts of the Grand-Duchy of Luxembourg shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the present terms and conditions or its subject matter or formation (including non-contractual disputes or claims), except where this provision cannot be applied due to consumers provisions of the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.