These Conditions of Sale form an agreement (the “Agreement”) between The Orange Girl Immacolata Di Marco (“The Orange Girl”, “us,” “our,” or “we”) and anyone who has access and uses the site www.theorangegirl.lu and, through the site, places orders and purchases products.
Please read these conditions carefully before placing an order with us. By placing an order with us, you are consenting to be bound by this Agreement.
“Products”: the products provided and marketed via the website;
“Order”: order placed to get delivery of the products;
“Delivery Calendar”: the table disclosing both the delivery days and the cut-off days from October - through May;
“Delivery Day”: date in which the deliveries of the products will take place over October - May period;
“Order Deadline”: the deadline for the orders to be placed;
“Delivery Points”: selected delivery sites that are eligible for the delivery and collection of the products;
“Delivery Timetable”: the table disclosing the time slot in which the delivery of the products will take place for each delivery point;
2. Application of the Terms & Conditions
All access to and use of the Platform is subject to the terms of this Agreement, as may be amended from time to time without prior notice. By accessing or using any portion of the Platform, you agree to the terms of this Agreement, as it may be amended from time to time. you should periodically review this Agreement so that you are aware of any changes to which you are bound.
3. Conclusion the contract
Please note that when you place an Order on our website the resulting legal contract is between you and The Orange Girl and is based on the terms set out in this Agreement. Each Order you place shall be deemed to be an offer by you to purchase the products subject to this Agreement and the applicable product details. After you place an Order, you will receive an e-mail acknowledging that we have received your Order ("Order Acknowledgement") and the Order will be considered automatically accepted.
The products displayed on the Website are fresh produce and food products either grown or made in Sicily.
Each product is identified by a name and a unitary price. For each product selected on the website, a description page may be displayed featuring a photograph of the product and additional details about ingredients, preparation and packaging.
5. Products availability
The products displayed on the website shall be available from Octobert through May. Their availability may be subject to variations over that period. In the case of temporary or permanent unavailability of a product after ordering, you will receive a notice as soon as possible and We reserve the right to cancel the Order. If we are unable to deliver the product that you have ordered, you will be refunded if your bank account has been debited. We will, however, bear no liability for temporary or permanent unavailability of products.
The prices displayed on this website are in euro and are payable in euro. They are inclusive of applicable VAT and delivery charges. The prices displayed on this website are applicable to distance sales only concluded through this Website.
We reserve the right to modify the prices at any time without prior notice but the prices payable for the products you Order are those displayed on this website on the date you place your Order.
You place the Order in accordance to the Delivery Calendar which is available on the website.
The order launch day is
At the end of the ordering procedure, you will receive the order confirmation, summarizing the amount to be paid as well as the bank details to process the bank transfer.
8. Cancellation or modification of the Order
All Orders placed for a monthly delivery are final after the Order Deadline specified on the Delivery Calendar.
You must make payment via bank transfer or via the mobile payment App DigiCash before the Delivery Day. You have to mention the order number in the reference field. The bank details are as follows:
To: Immacolata Di Marco
BCEELULL - LU52 0019 5555 6675 3000
Our delivery service is FREE!
10.1. Delivery zone
The delivery zone is restricted to Luxembourg and France Moselle, as described under section 10.3.
10.2 Delivery Calendar
Before any delivery, we publish the Delivery Calendar showing the Delivery Months for the deliveries we want to organize over October – May period, the Delivery Days and the Order Deadlines.
Any updates to the Delivery Calendar shall be notified via email, phone call or phone message.
10.3 Delivery Options
Delivery is carried out on a delivery site specified during the ordering procedure, subject to this Agreement. Delivery sites can correspond to the following:
- Delivery Points
You have many Delivery Points to choose from our pre-defined list published on www.theorangegirl.lu.
Delivery Points can be located in one or several of the following municipalities:
- Luxembourg Center: Luxembourg City, Bertrange, Strassen
- Luxembourg West: Mamer City (not other towns belonging to the commune of Mamer)
- Luxembourg South: Bettembourg, Dudelange, Esch-sur-Alzette, Schifflange
- Luxembourg East: Niederanven, Sandweiler
Our predefined Delivery Points are workplaces, community locations and private home address. They can therefore be either open or closed to the greater public.
- Home Delivery
You can request delivery to your home during the checkout process, provided that the minimum Order threshold is met as follows:
- Luxembourg Center: Luxembourg City, Bertrange, Strassen / Minimim order 50€
- Luxembourg West and South: Mamer City, Bettembourg, Dudelange, Esch-sur-Alzette, Schifflange / Minimim order 70€
- Luxembourg East: Niederanven, Sandweiler / Minimim order 100€
10.4 Delivery time
- Delivery Points
The delivery timetable will be both published on the Website and sent via email some days before each delivery. You commit to taking delivery of the products you have ordered on the delivery day and during the delivery time slot disclosed in the delivery timetable.
You can ask to change the delivery time slot and its corresponding delivery point, if the one originally requested is no longer convenient, without paying any additional fee. Your request should be submitted by phone call or email at least 3 hours before the delivery.
The scheduled delivery time may be delayed due to any acts of force majeure beyond our reasonable control. You cannot ask for a refund of products which are not delivered on time.
- Home Delivery
We'll contact you to arrange the most convenient delivery time.
11. Right of withdrawal
You have the right to withdraw from this contract without giving any reason and without paying any penalty, with the exception of the cost of returning the goods, which is for your account.
You may withdraw within 14 days as from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the products.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). you may use a model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal to the following address/email before the withdrawal period has expired.
The Orange Girl Immacolata Di Marco
24 rue du Nord, L-3261 Bettembourg, Luxembourg
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the bank transfer.
Except in the case of any other agreement between you and us, you must send us back the products subject to the withdrawal without undue delay and in any event not later than 14 days from the day on which you have communicated your decision to withdraw from this contract in accordance with this article.
12. No right of withdrawal
Due to the perishable nature of certain products, like fruits, you do not have a right of withdrawal for Products that are liable to deteriorate or expire rapidly.
13. Force majeure
We shall not be liable to you by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the sale and delivery of the products if the delay or failure is due to any acts of force majeure beyond our reasonable control, including but not limited to strikes, fire, flood or any other force majeure event. If such an event occurs, we give you prompt notice thereof.
14. Governing law and court of jurisdiction
This Contract is subject to the law of Luxembourg.
If a dispute arises under this Contract, or otherwise with respect to the products or site, which cannot first be resolved through good faith negotiations, the dispute is subject to the Luxembourgish law and will be resolved by the competent Tribunal of Luxembourg City.