Terms and Conditions
Last updated: May 7, 2026 — Version 2.0
These General Terms and Conditions of Sale (hereinafter “GTC”) govern all contractual relationships between SAKEPIXEL SARL-S, the operator of the ekomfort.lu website, and any individual consumer making a purchase on this website. They are written in French and are binding on the Customer upon acceptance at the time of ordering.
Legal Basis : Directive 2011/83/EU on consumer rights (as amended by Directive (EU) 2019/2161 “Omnibus”), Directive (EU) 2019/771 on the sale of goods, Regulation (EU) No 524/2013 (ODR platform), Luxembourg Consumer Code (Books I–V), French Consumer Code, Belgian Economic Law Code (Book VI), German Civil Code (BGB) §§ 312 et seq. and 433 et seq. for Germany, French Law No. 2023-171 of March 9, 2023 (presumption of prior existence of defect for 2 years), German Consumer Dispute Resolution Act (VSBG) § 36 for Germany.
Table of Contents
- Preamble and Definitions
- Scope
- Seller's Identity
- Products and Availability
- Price
- Order
- Payment
- Delivery
- Right of withdrawal
- Legal Warranty of Conformity
- Warranty Against Hidden Defects
- Liability
- Intellectual Property
- Personal information
- Mediation and Dispute Resolution
- Governing Law and Jurisdiction
- Specific provisions applicable in Germany (VSBG § 36)
- Changes to the Terms and Conditions
- Partial Validity — Severability Clause
- Acceptance of the Terms and Conditions
- Appendix I.A — Standard Information on the Right of Withdrawal
- Appendix I.B — Standard Withdrawal Form
1. Preamble and Definitions
1.1 Preamble
These General Terms and Conditions of Sale (hereinafter the “ Terms and Conditions ") are intended to define the rights and obligations of the parties in connection with the online sale of products offered by SAKEPIXEL SARL-S to the end consumer via the website ekomfort.lu (hereinafter the “ Website »).
Any order placed on the Website implies the Customer’s full, complete, and unconditional acceptance of these Terms and Conditions. The Customer acknowledges having read the Terms and Conditions prior to confirming their order, in accordance with Article L. 221-5 of the French Consumer Code, Article L. 222-2 of the Luxembourg Consumer Code, and Article VI.45 of the Belgian Economic Law Code.
1.2 Definitions
In these Terms and Conditions, the following terms, whether used in the singular or plural, have the following meanings:
| Term | Definition |
|---|---|
| Seller | SAKEPIXEL SARL-S, as identified in Article 3 of these Terms and Conditions, which operates the Website and sells the Products. |
| Client or Consumer | Any natural person of legal age acting for purposes outside the scope of their commercial, industrial, craft, professional, or agricultural activities, as defined in Article 2(1) of Directive 2011/83/EU. |
| Website | The website accessible at ekomfort.lu, published by the Seller, as well as its subdomains and language versions (FR/EN/DE). |
| Products | All tangible personal property (shoes, accessories, ethical vegan fashion items) offered for sale on the Site. |
| Order | Any contract offer made by the Customer to purchase one or more Products through the Site. |
| Account | The Customer's personal account on the Website, which can be created optionally and allows the Customer to manage orders, preferences, and returns. |
| Contract | The agreement entered into remotely between the Seller and the Customer regarding the sale of one or more Products, which is formed by the Customer’s acceptance of these Terms and Conditions and the Seller’s confirmation of the Order. |
| Part | Refers, depending on the context, to the Seller or the Customer. |
| Parts | Refers collectively to the Seller and the Customer. |
| Business day | Any day of the week, except Saturdays, Sundays, and Luxembourg public holidays. |
| Force majeure | Any external, unforeseeable, and unavoidable event within the meaning of Article 1218 of the French Civil Code and Article 1147 of the Luxembourg Civil Code, including, but not limited to: war, riot, insurrection, disruption of transportation, general or sector-wide strike, natural disaster, epidemic, pandemic, failure of electronic communication networks, and uncontrollable raw material shortages. |
2. Scope
2.1 Target audience
These Terms and Conditions apply exclusively to sales concluded between the Seller and a Consumer as defined in Directive 2011/83/EU and national consumer protection laws. Any order placed by a business acting in the course of its business (B2B) is subject to separate terms and conditions, which must be requested in writing from the Seller prior to any commitment.
2.2 Areas Served
The Seller delivers the Products exclusively to the following four (4) geographic regions:
- Luxembourg (domestic shipping)
- France (mainland France, excluding overseas departments and territories)
- Belgium
- Germany
Any order with a delivery address outside these areas will be automatically rejected. The Customer is hereby informed that these Terms and Conditions comply with the consumer laws of Luxembourg, France, Belgium, and Germany. The law that provides the greatest protection for the Consumer shall apply in accordance with Article 6(2) of Regulation (EC) No. 593/2008 (“Rome I”).
2.3 Legal Capacity
The Customer represents that he or she has the legal capacity to enter into the Contract, meaning that he or she is of legal age (at least 18 years old) and is not subject to any legal guardianship or conservatorship that would prevent him or her from making online purchases. The Seller reserves the right to request proof of the Customer’s age in case of doubt.
2.4 Acceptance
By placing an Order on the Website, the Customer fully and unconditionally agrees to and accepts these Terms and Conditions, which the Customer expressly acknowledges; the Customer hereby waives the right to rely on any conflicting document that would be unenforceable against the Seller.
3. Seller’s Identity
The Website ekomfort.lu is published and operated by:
| Element | Information |
|---|---|
| Company Name | SAKEPIXEL SARL-S (Simplified Limited Liability Company) |
| Legal form | SARL-S under Luxembourg law |
| Share capital | 1,200 EUR |
| Headquarters | 13 Anna Lindh Street, L-4547 Differdange, Grand Duchy of Luxembourg |
| RCS | Luxembourg B286895 |
| Business License Number | 10167719/1 (issued by the Luxembourg Ministry of the Economy) |
| EU VAT number | LU35860625 |
| Legal representative | Serge Sakepa, Sole Proprietor |
| General email address | [email protected] |
| Returns email address | [email protected] |
| Email address (private) | [email protected] |
| Phone | +352 661 201 619 |
| Web host | Hostinger International Ltd. (Headquarters: 61 Lordou Vironos Street, 6023 Larnaca, Cyprus — EU data centers: Lithuania / Netherlands) |
Le Vendeur peut être contacté pour toute question relative à une commande, à la livraison, au service après-vente ou à l’application des présentes CGV par e-mail à [email protected], par courrier postal à l’adresse du siège social ou par téléphone aux horaires indiqués sur la page Contact du Site.
4. Products and Availability
4.1 Key Features
The Products offered for sale are described and presented as accurately as possible on the Website, in accordance with Article L. 221-5 of the French Consumer Code and the equivalent provisions of the Luxembourg, Belgian, and German codes. Each Product page includes, for informational purposes only and prior to placing an Order:
- the product name
- key features (materials, composition, dimensions, ethical certifications, if applicable)
- the price including all taxes (TTC) in euros (EUR)
- projected availability
- the applicable shipping costs, calculated at the shopping cart stage
- accepted payment methods
- estimated delivery time
- the existence and terms of the right of withdrawal
- the procedures for exercising the statutory warranty of conformity and the warranty against hidden defects
4.2 Non-binding photos
The photographs, illustrations, 3D visuals, and videos accompanying the Products are provided for informational purposes only. Despite the care taken in their creation, discrepancies in representation may exist, particularly in terms of color rendering (due to the calibration of the Customer’s screen) or proportions. Such discrepancies shall not give rise to any liability on the part of the Seller nor constitute grounds for cancellation other than those provided for by the legal guarantee of conformity (Article 10 of these Terms and Conditions).
4.3 Inventory and Availability
Products are offered while supplies last. The availability displayed on the Site is for informational purposes only and may change between the time the Site is viewed and the time the Order is finalized. Final confirmation of availability is provided at the time the Order confirmation is sent to the Customer via email (Section 6.5 of these Terms and Conditions).
If a Product is unavailable after an Order has been placed, the Seller shall notify the Customer by any means as soon as possible, and:
- or offer a product of equivalent quality and price, subject to the Customer’s express acceptance;
- or issue a full refund for the unavailable Product within a maximum of fourteen (14) days effective upon payment, in accordance with Article L. 216-3 of the French Consumer Code.
4.4 Brands Carried
The Seller sells products from third-party partner brands (including NAE Vegan Shoes and other ethical vegan fashion brands). The trademarks, logos, and distinctive signs of the brands sold remain the exclusive property of their respective owners. Their appearance on the Site does not imply any transfer of rights to the Seller or the Customer. The Customer agrees not to make any unauthorized use of these signs.
4.5 Changes to the catalog
The Seller reserves the right, at any time and without notice, to modify the contents of its catalog, remove a Product, add new Products, or change their specifications or prices, provided that such changes will apply only to Orders placed after they take effect. Any Order already confirmed by the Seller will be fulfilled under the terms and conditions in effect at the time of confirmation.
5. Price
5.1 Price Display
Product prices are listed in euros (EUR), all taxes included, including value-added tax (VAT) at the current Luxembourg rate (standard rate 17%, intermediate rate 14%, reduced rate 8%, super-reduced rate 3% (according to the bill of materials applicable to the Product). Prices are excluding shipping costs, which are calculated and displayed separately before the Order is finalized.
5.2 VAT and Cross-Border Application
In accordance with the One-Stop Shop (OSS) system established by Directive (EU) 2017/2455, the applicable VAT rate is:
- Luxembourg VAT (LU) when the Seller has not exceeded the annual threshold of 10,000 EUR intra-Community distance sales to other Member States;
- VAT in the country of destination (FR, BE, DE) above this threshold, in accordance with Articles 14a and 33 of Directive 2006/112/EC, as amended.
The Customer is advised that the actual VAT rate applied may vary depending on the delivery address and the Seller’s tax status at the time the Order is placed. Details of the VAT applied are included on the invoice provided to the Customer.
5.3 Omnibus Act — Transparency of Promotional Prices
In accordance with Article 6a of Directive 98/6/EC, as amended by Directive (EU) 2019/2161 (known as the “Omnibus” Directive, transposed in France by Order No. 2021-1734 and in Luxembourg by the Law of March 30, 2022), when a Product is offered as a promotion, the Seller shall display:
- the special price applied;
- the reference price, defined as the lowest price charged by the Seller during the thirty (30) days prior to the application of the discount.
This requirement applies to all price reduction promotions, including sales, flash sales, public promotional codes, and Black Friday promotions. An exception is made for perishable products, as well as for incremental increases in discounts within a single ongoing promotional campaign.
5.4 Shipping Costs
Shipping costs are calculated based on the destination, weight, and volume of the Order. Details regarding shipping costs and carriers are provided in Section 8 of these Terms and Conditions and on the “Shipping” page of the Website.
5.5 Price Validity
The prices listed on the Site are valid as long as they are visible online, while supplies last. The Seller reserves the right to change its prices at any time, provided that the price applicable to an Order is the price displayed at the time the Customer confirms the Order.
5.6 Verified Reviews (Omnibus Act)
In accordance with Article 6a of Directive 2005/29/EC, as amended by the Omnibus Directive, when the Seller displays customer reviews, it shall specify:
- whether the reviews have been verified (verification process, identification of the contributor who actually purchased the Product);
- the verification procedures implemented.
In the absence of an audit mechanism, the Client is notified that the financial statements are “unaudited.”
6. Order
6.1 Ordering Steps
Orders can only be placed online on the Website and follow these steps:
- Selection : selection of the Product(s), sizes, quantities, and any available options;
- Shopping Cart : Add to cart and review the summary (Items, quantities, unit price, subtotal, estimated shipping costs);
- Login : log in to an existing account or create an account (email, password), or place an order as a guest by entering your shipping and billing addresses;
- Summary and Acceptance of the Terms and Conditions : final display of the Order details, final shipping costs, total amount including tax, and delivery and payment terms; mandatory check of the box “I have read and accept the Terms and Conditions of Sale”;
- Payment : Redirect to the secure payment module (Stripe or PayPal) and enter payment information;
- Confirmation : Displaying a confirmation message on the screen and sending a detailed order confirmation via email (Section 6.5).
6.2 Double-click and Formation of the Contract
In accordance with the provisions of Article L. 221-13 of the French Consumer Code, the equivalent articles of the Luxembourg Consumer Code transposing Directive 2011/83/EU, and Article VI.45 of the Belgian Economic Law Code, and in accordance with the so-called “double-click” principle:
- one first click allows the Customer to confirm the contents of their Order;
- one second click, made after viewing the summary and accepting the Terms and Conditions, constitutes final confirmation of the Order and a commitment to pay.
The Contract is deemed to have been formed on the date the Seller sends the Order confirmation email, subject to the actual availability of the Products ordered.
6.3 Creating an Account (optional)
Creating an Account is optional. It allows the Customer to view their order history, manage their shipping addresses, track returns, and access personalized content. The Customer is solely responsible for keeping their login credentials confidential. Any Order placed through the Account is deemed to have been placed by the Customer.
6.4 Refusal or Cancellation by the Seller
The Seller reserves the right to refuse or cancel any Order, particularly in the following cases:
- third-party supplier unavailable or confirmed out of stock;
- delivery address outside the service area (Section 2.2);
- an address that is clearly incorrect, incomplete, or fraudulent;
- failure to pay, refusal by the payment provider, or suspected fraud;
- a history of unresolved disputes with the Customer;
- abnormally large quantities that do not appear to be for reasonable personal use and may be part of a resale operation.
In the event of cancellation by the Seller after payment has been made, the Seller shall issue a full refund to the Customer within a maximum of fourteen (14) days, using the same payment method as the one used for the Order, unless the Customer expressly agrees to use a different method.
6.5 Order Confirmation
Once payment has been processed, the Customer will receive a summary email at the email address provided when placing the Order, which includes:
- the unique order number;
- a detailed list of the Products ordered (item number, description, size, quantity, price);
- the total amount paid, including tax, broken down into revenue and shipping costs;
- the shipping address and the billing address;
- the payment method used;
- the estimated delivery time;
- a reminder of the right of withdrawal and the standard withdrawal form (Appendix I.B);
- a link to these Terms and Conditions and the Return Policy.
This email constitutes the contractual confirmation referred to in Article L. 221-13 of the French Consumer Code.
6.6 Archiving and Evidence
In accordance with Article 1366 of the French Civil Code and the principle of electronic documentation recognized by the Luxembourg Law of August 14, 2000, on electronic commerce, electronic communications (e-mails, log files, time-stamped confirmation screens) shall be admissible as evidence between the Parties. The Seller shall retain Orders and invoices for a minimum period of ten (10) years à compter de la conclusion du Contrat. Le Client peut demander à tout moment une copie de sa facture par e-mail à [email protected].
7. Payment
7.1 Accepted payment methods
The Seller accepts the following payment methods, which are processed through PCI-DSS-certified service providers:
| Payment method | Service Provider | Supported cards / wallets |
|---|---|---|
| Credit card | Stripe Payments Europe Ltd | Visa, Mastercard, American Express, Maestro |
| Apple Pay | Stripe | Cards saved in the Apple Wallet |
| Google Pay | Stripe | Cards saved in the Google Wallet |
| PayPal | PayPal (Europe) S.à r.l. et Cie, S.C.A. | PayPal balance, cards linked to the PayPal account |
The Customer’s account is debited at the time of final confirmation of the Order, with the Seller acting through the aforementioned service providers. The Seller does not store any banking information on its own servers.
7.2 Payment Security
Payments are secured using the TLS 1.2 protocol or higher and Strong Customer Authentication (SCA) as defined by Directive (EU) 2015/2366 (PSD2). Stripe and PayPal are PCI-DSS Level 1 certified, the highest level of the payment card industry security standard.
7.3 Payment Refusal and Fraud Prevention
The Seller reserves the right to refuse any Order for which the payment provider has not authorized the transaction, particularly in the event of:
- expired credit card, blocked, maxed out;
- lack of sufficient funds;
- Failure of strong SCA authentication;
- fraud alert issued by the service providers' anti-fraud systems (Stripe Radar, PayPal Seller Protection);
- A major discrepancy between the shipping address, the billing address, and the country where the payment method was issued.
If fraud is suspected, the Seller may ask the Customer to provide proof of identity or address, without this constituting discrimination.
7.4 Retention of Title
In accordance with Articles 1583 et seq. of the French Civil Code and the equivalent provisions of the Luxembourg Civil Code (in particular Article 1583), title to the Products ordered shall not pass to the Customer untilafter full payment of the price, including shipping costs. The transfer of risk of loss or damage to the Products is governed by Section 8.6 of these Terms and Conditions.
7.5 Billing
An invoice is issued for each Order, made available to the Customer in their Account (if an Account has been created), and sent via email in PDF format. The invoice includes all the mandatory information required by applicable VAT legislation, including the Seller’s intra-Community VAT number (LU35860625), a breakdown of amounts including and excluding tax, and the VAT rate actually applied.
8. Delivery
8.1 Zones and Deadlines
The Seller delivers to the following four (4) regions within the estimated timeframes listed below, calculated in business days from the date of Order confirmation:
| Area | Country | Estimated timeframe | Major carriers |
|---|---|---|---|
| Z1 — Domestic | Luxembourg | 2 to 3 business days | Post Luxembourg, DPD |
| Z2 — France | Mainland France | 3 to 5 business days | Mondial Relay, DPD, UPS |
| Z3 — Benelux | Belgium | 3 to 5 business days | DPD, Mondial Relay |
| Z4 — Germany | Germany | 4 to 7 business days | DPD, UPS |
The above deadlines are provided for informational purposes only. The maximum contractual deadlines are specified in Section 8.4 (mandatory deadline).
8.2 Shipping Costs
Shipping costs are calculated at the checkout stage based on weight, volume, and destination. The detailed pricing table is available on the “Shipping” page of the Website and is displayed to the Customer before the Order is confirmed. The Seller may offer free shipping for purchases above a certain amount, as indicated on the Website.
8.3 Order Tracking
After shipment, the Customer will receive a tracking number via email, which allows them to check the status of their Order on the carrier’s website.
8.4 Mandatory Delivery Time and Delayed Delivery
In accordance with Article L. 216-1 of the French Consumer Code, the Seller agrees to deliver the Products within a maximum of thirty (30) days effective upon the execution of the Contract, unless a different deadline has been expressly agreed upon with the Client.
If the Seller fails to fulfill its obligation to deliver by the specified date or by the end of the specified time period, the Customer may, in accordance with Article L. 216-6 of the French Consumer Code:
- Ask the Seller, by certified letter with return receipt or in writing on another durable medium (e-mail), to make the delivery within a reasonable extension ;
- If performance is not provided within this new time limit, terminate the Contract by certified mail with return receipt requested or in writing on another durable medium.
The Contract shall be deemed terminated upon the Seller’s receipt of the letter or written notice informing the Seller of such termination, unless the Seller has fulfilled its obligations in the meantime.
The Customer may immediately terminate the Contract if the Seller refuses to deliver or fails to fulfill its delivery obligation by the specified date or upon the expiration of the specified time limit, and if such date or time limit constitutes an essential term of the Contract for the Customer.
If the Contract is terminated, the Seller shall refund to the Customer all amounts paid, no later than fourteen (14) days depending on the date on which the Contract was terminated.
8.5 Receipt and Verification
Upon receipt, the Customer is asked to:
- check that the number of packages matches the delivery slip;
- check the external condition of the packages (for signs of impact, tears, moisture, or tampering);
- if there is an apparent anomaly, make specific and detailed reservations on the carrier's delivery slip, ideally in the presence of the delivery person, and keep this document;
- avertir le Vendeur dans les meilleurs délais à
[email protected]en joignant photos et bon de livraison annoté.
The absence of any complaints at the time of delivery does not deprive the Customer of their rights under the legal guarantee of conformity (Article 10) or the warranty against hidden defects (Article 11).
8.6 Transfer of Risk
In accordance with Article L. 216-4 of the French Consumer Code and Article 20 of Directive (EU) 2019/771, the transfer of the risk of loss or damage Delivery of the Products occurs when the Customer (or a third party designated by the Customer, other than the carrier proposed by the Seller) takes physical possession of the Products.
If the Customer arranges for the delivery of the Products through a carrier of their choice, other than the one proposed by the Seller, the transfer of risk occurs upon delivery of the Products to that carrier.
8.7 Address error
The Customer is solely responsible for the accuracy of the shipping information provided at the time of the Order. Any address error on the Customer’s part may result in a delay, non-delivery, or reshipment at the Customer’s expense. If the package is returned to the Seller due to an incomplete or incorrect address, or failure to pick it up at the pickup location within the allotted time, the Seller will notify the Customer and offer either reshipment at the Customer’s expense or a refund of the Order, minus the actual round-trip shipping costs incurred.
9. Right of withdrawal
9.1 Principle
In accordance with Article 9 of Directive 2011/83/EU, The consumer has a right of withdrawal for fourteen (14) days without having to provide a reason or pay any penalties (except for the fees referred to in Section 9.5).
This right is extended on a commercial basis to thirty (30) calendar days by the Seller, in accordance with the Return Policy ekomfort. Beyond the statutory 14-day period, this additional 16-day period constitutes a voluntary contractual commitment on the part of the Seller.
9.2 Cancellation Period
The cancellation period expires fourteen (14) days after the day where the Customer (or a third party other than the carrier and designated by the Customer) physically takes possession of the Product (or, in the case of an Order consisting of multiple Products delivered separately, of the last Product received).
If the fourteen (14)-day period expires on a Saturday, Sunday, or public holiday, it is extended until the next business day.
9.3 Exercising the Right of Withdrawal
To exercise their right of withdrawal, the Customer must notify the Seller of their decision to withdraw before the deadline expires, through an unambiguous statement, for example:
- e-mail à
[email protected]; - online form available in your ekomfort account;
- standard withdrawal form reproduced below Appendix I.B of these Terms and Conditions;
- Letter sent to: SAKEPIXEL SARL-S — Returns Department, 13 Anna Lindh Street, L-4547 Differdange, Luxembourg.
The use of the standard withdrawal form is not not required ; any clear and unambiguous statement is sufficient. The burden of proof regarding the exercise of the right of withdrawal rests with the Customer.
9.4 Returning Products
The Customer must return the Products without undue delay and no later than fourteen (14) days effective from the date of notification of the decision to cancel, to the following address:
SAKEPIXEL LLC — Returns Department
13 Anna Lindh Street
L-4547 Differdange
Luxembourg
Products must be returned in new condition, unworn (beyond reasonable try-on), with their tags and accessories, and in their original packaging if possible. The Return Policy specifies the practical details (packaging, return label, traceability).
9.5 Return Shipping Costs
In accordance with Article L. 221-23 of the French Consumer Code and Article 14(1) of Directive 2011/83/EU, The customer is responsible for return shipping costs, unless the Seller offers to cover the cost as a courtesy. Details regarding this potential coverage are specified in the Return Policy ekomfort.
9.6 Refund
The Seller shall refund the Customer all amounts paid, including the original shipping costs (except for any additional costs resulting from the Customer’s choice, if applicable, of a more expensive shipping method than the standard shipping method offered), no later than fourteen (14) days effective from the date on which the Seller is notified of the decision to cancel.
The Seller may delay the refund until actual recovery of the Products or until the Customer has provided proof of shipment of the Products, whichever occurs first.
The Seller will issue the refund using the same payment method the same method used for the original transaction, unless the Customer expressly agrees to another method; in any event, this refund will not incur any charges for the Customer.
9.7 Customer Liability
The Customer is liable only with respect to the depreciation of Products resulting from handling other than that which is necessary to determine the nature, characteristics, and proper functioning of the Products. In other words: trying on a pair of shoes indoors on a clean floor is permitted; wearing the shoes outdoors, marking the soles, or damaging the tags is not permitted and may result in a reduced refund or even a refusal to accept the return due to obvious damage.
9.8 Exceptions to the right of withdrawal
In accordance with Article L. 221-28 of the French Consumer Code and Article 16 of Directive 2011/83/EU, the right of withdrawal cannot be exercised For Products:
- made to the Consumer’s specifications or clearly personalized;
- that are likely to spoil or expire quickly;
- sealed by the Consumer after delivery and that cannot be returned for hygiene or health protection reasons (e.g., socks, opened sealed underwear);
- that, after delivery and by their very nature, have been inseparably mixed with other items.
Except as noted above, the entire ekomfort catalog is subject to a 14-day right of withdrawal, extended to 30 business days.
10. Legal warranty of conformity
10.1 Principle
In accordance with Directive (EU) 2019/771 (transposed in France by Order No. 2021-1247 and in Luxembourg by the Law of February 24, 2022), the Seller is required to deliver a Product that complies with the Contract and is liable for any lack of conformity existing at the time of delivery, as well as for any defects resulting from the packaging, assembly instructions, or installation, if the latter was performed by the manufacturer.
10.2 Definition of Compliance
The Product complies with the Contract when it:
- conforms to the description, type, quantity, and quality specified, and possesses the functionality, compatibility, interoperability, and other characteristics specified in the Contract;
- is suitable for any specific use requested by the Customer, which was brought to the Seller’s attention at the time the Contract was entered into and which the Seller accepted;
- comes with all accessories and instructions, and is updated if the Agreement so provides;
- meets the quality standards and characteristics that the Customer can reasonably expect given the nature of the Product and the public statements (labeling, advertising) made by the Seller or its representative;
- matches the sample or model provided;
- is shipped with the standard accessories in its usual packaging.
10.3 Term of the warranty and presumption of prior existence
The legal warranty of conformity is valid for a period of two (2) years from the date of issuance of the Product.
In accordance with Article 11(1) of Directive (EU) 2019/771 and, in France, Article L. 217-7 of the Consumer Code, as amended by the Act No. 2023-171 of March 9, 2023, Any defects in conformity that become apparent within twenty-four (24) months of the Product’s delivery are presumed to have existed at the time of delivery, unless proven otherwise or if this presumption is inconsistent with the nature of the Product or the defect.
In other jurisdictions, the presumption that the defect existed prior to the transaction, as provided for in Article 11(1) of Directive (EU) 2019/771, has been transposed as follows:
- Belgium : 24 months (Section VI.108(3) of the Economic Law Code, as amended by the Act of March 20, 2022);
- Luxembourg : 12 months (Act of February 24, 2022, transposing Directive 2019/771);
- Germany : 12 months (Section 477 of the German Civil Code (BGB), effective January 1, 2022).
10.4 Methods of Enforcement
In the event of a lack of conformity, the Customer may, in accordance with Article 13 of Directive (EU) 2019/771, choose between:
- the compliance of the Product by repair or replacement at no cost to them;
- otherwise, the price reduction or the termination of the Contract with a full refund.
The Seller may refuse the remedy chosen by the Customer if that option is impracticable or would entail costs that are disproportionate to the value of the Product, the severity of the defect, and the possibility of choosing the other remedy without causing significant inconvenience to the Customer.
Termination of the Contract is not permitted if the lack of conformity is minor, except in France, where Article L. 217-14 of the Consumer Code allows for termination in certain specific cases (refusal to remedy the defect, failure to remedy the defect within one month, or remedying the defect causing significant inconvenience to the Consumer).
10.5 Free of charge
Bringing the defective Product into compliance is completely free For the Customer: no shipping, labor, parts, or travel costs may be charged to the Customer.
10.6 Enforcement of the Warranty
Pour faire valoir la garantie légale de conformité, le Client adresse une demande au Vendeur par e-mail à [email protected] ou par courrier au siège social, en indiquant :
- the order number;
- a description of the defect found;
- photographs illustrating the defect, if applicable;
- the option selected (repair, replacement, price reduction, or termination of the Contract).
The Seller acknowledges receipt and proposes a course of action within a reasonable timeframe, not exceeding fifteen (15) business days.
10.7 Relationship to the right of withdrawal and the warranty against hidden defects
The right of withdrawal (Section 9), the statutory warranty of conformity (this section), and the warranty against hidden defects (Section 11) are three separate and combinable plans. The Customer is free to choose the plan that offers the most protection for their situation.
11. Warranty Against Hidden Defects
11.1 Principle
In addition to the statutory warranty of conformity, the Customer is entitled to the warranty against hidden defects within the meaning of Articles 1641 through 1648 of the French Civil Code, as well as Articles 1641 through 1649 of the Luxembourg Civil Code (and equivalent provisions of Belgian and German law).
The Seller is liable under the warranty for any latent defects in the Product that render it unfit for its intended use, or that so impair its use that the Customer would not have purchased it, or would have paid a lower price for it, had the Customer been aware of such defects.
11.2 Time Limit for Action
The Customer must file a claim for latent defects within two (2) years from the discovery of the defect (Article 1648, paragraph 1, of the French Civil Code).
11.3 Effects
If a claim is made under the warranty against hidden defects, the Customer may choose between:
- return the product and obtain a refund of the purchase price (action for rescission);
- store the product and have part of the price refunded (action for a declaratory judgment).
If the Seller was aware of the defects in the Product, the Seller is liable to the Customer for all damages in addition to a refund of the purchase price (Article 1645 of the French Civil Code).
11.4 Exclusions
The warranty against hidden defects does not cover:
- defects apparent at the time of purchase;
- normal wear and tear of the Product;
- defects resulting from use that does not comply with the instructions, improper maintenance, or misuse.
11.5 Combination with Other Coverages
The warranty against hidden defects applies in addition to the statutory warranty of conformity (Article 10) and the right of withdrawal (Article 9). No provision of these Terms and Conditions may limit or exclude these public policy warranties.
12. Liability
12.1 Seller’s Obligations
The Seller is obligated to best-efforts obligation in the provision of services related to the sale (information, provision of the Website, order processing, shipment tracking) and performance obligation with respect to the physical conformity of the delivered Products and compliance with the mandatory delivery deadline.
12.2 Limitation of Liability
To the extent permitted by applicable law and without prejudice to the Consumer's mandatory rights (including statutory warranties and the right of withdrawal), the Seller’s liability is limited as follows:
- The Seller shall only be liable for direct damages resulting from a breach of its contractual obligations;
- are expressly excluded indirect, intangible, or consequential damages (loss of opportunity, loss of profits, damage to reputation, loss of data, commercial harm, loss of earnings);
- in any event, the total amount of the Seller’s liability, all causes and damages, may not exceed the total amount (including tax) actually paid by the Customer in connection with the disputed order.
12.3 Force Majeure
The Seller shall not be held liable, nor shall it be deemed to have breached its obligations, in the event of force majeure within the meaning of Article 1218 of the French Civil Code and applicable Luxembourg case law, and in particular in the event of:
- natural disasters, extreme weather conditions, earthquakes, floods;
- fires, explosions, industrial accidents;
- pandemics, epidemics, government-mandated public health measures;
- wars, riots, civil unrest, acts of terrorism;
- strikes, lockouts, or internal or external labor disputes;
- widespread failures of power or telecommunications networks;
- long-term and unpredictable shortages of raw materials;
- import or export restrictions imposed by the authorities.
In the event of force majeure lasting longer than thirty (30) days, either Party may terminate the Agreement as of right, without compensation, in which case the Seller shall refund the amounts paid by the Customer within the timeframes specified in Section 9.6.
12.4 Grounds for Exemption
The Seller shall not be held liable:
- in the event of misuse of the Product by the Customer, contrary to the instructions for use;
- in cases of normal wear and tear, or insufficient or improper maintenance;
- in the event of unauthorized third-party intervention (repair, modification);
- in the event of unforeseeable circumstances or acts by a third party not party to the Contract;
- in the event of fault, negligence, or breach of these Terms and Conditions by the Customer.
12.5 Internet network
The Customer acknowledges that they are aware of the inherent risks associated with the internet, particularly with regard to technical performance (outages, slow speeds), the risk of virus infection, and the risk of unauthorized access to the computer system. The Seller takes all reasonable measures to secure the Site but cannot guarantee uninterrupted availability.
13. Intellectual Property
13.1 Seller's Ownership
All content appearing on the Site (text, photographs, illustrations, logos, trademarks, videos, audio, layouts, graphic design, structure, and databases) is protected by intellectual property law (copyright, trademark law, and database law) and is the exclusive property of the Seller or is used with the Seller’s authorization.
The brand ekomfort as well as the associated logos, trademarks, and distinctive signs are the property of SAKEPIXEL SARL-S.
13.2 Brands We Carry
The trademarks of partner manufacturers (including NAE Vegan Shoes and other ethical vegan fashion brands) remain the property of their respective owners. Their reproduction on the Site, solely for the purpose of marketing the Products, does not confer any rights to the Seller or the Customer with respect to these trademarks.
13.3 License Granted to the Customer
The Seller grants the Customer, for exclusively personal and non-commercial purposes, a non-exclusive, non-transferable, and revocable license to access and use the Website and its content, to the extent strictly necessary for viewing the Website and placing an Order.
13.4 Prohibitions
Any reproduction, display, modification, translation, publication, adaptation, distribution, or use, by any means whatsoever, in whole or in part, of the elements of the Site, without prior written authorization of the Seller is strictly prohibited and constitutes an act of counterfeiting as provided for in Articles L. 335-2 et seq. of the French Intellectual Property Code and in the Luxembourg Law of April 18, 2001, on copyright.
The following are prohibited, among other things:
- copying product photos for commercial purposes;
- the systematic extraction of the catalog (scraping) for the purpose of resale or commercial comparison;
- the creation of mirror sites or the republication of content from the Site;
- the unauthorized use of the Seller's trademarks in paid advertising links.
14. Personal Data
14.1 Reference to the Privacy Policy
The processing of the Customer's personal data is governed by the Privacy Policy ekomfort, accessible at any time from the footer of the Site. This policy specifies, in particular:
- the categories of data collected (identification, contact, order, and technical data);
- the purposes and legal bases for each processing activity (Article 6 of the GDPR);
- the recipients of the data (processors: Stripe, PayPal, Hostinger, carriers);
- shelf lives;
- the Customer's rights (access, correction, erasure, objection, portability, restriction);
- the procedures for exercising these rights.
14.2 Data Protection Officer and Supervisory Authority
Pour toute question relative à ses données personnelles, le Client peut contacter le Vendeur à [email protected] ou par courrier à l’adresse du siège social.
The Customer also has the right to file a complaint with the competent supervisory authority:
| Country | Authority | Website |
|---|---|---|
| Luxembourg | CNPD — National Commission for Data Protection | cnpd.public.lu |
| France | CNIL — National Commission for Information Technology and Civil Liberties | cnil.fr |
| Belgium | APD — Data Protection Authority | data-protection-authority.be |
| Germany | BfDI and state authorities | bfdi.bund.de |
14.3 Cookies
The use of cookies and similar technologies on the Site is governed by the Cookie Policy ekomfort, accessible from the footer of the Site. The Customer can manage their preferences at any time via the consent management module.
15. Mediation and Dispute Resolution
15.1 Prior Notice
In the event of a dispute regarding the Contract, the Customer is asked to contact, first and foremost, le service Client du Vendeur à [email protected] ou par courrier postal au siège social, afin de tenter de trouver une solution amiable. Le Vendeur s’engage à accuser réception de la réclamation sous fifteen (15) business days and to provide a reasoned response within a reasonable time frame.
15.2 Consumer Mediation (France)
In accordance with Articles L. 612-1 et seq. of the French Consumer Code, Customers residing in France have the option to, after a prior written complaint has gone unanswered for two (2) months, to seek the assistance of a consumer mediator free of charge in order to reach an amicable resolution of the dispute.
The consumer ombudsman to which the Seller subscribes is:
MEDICYS — Center for Mediation and Alternative Dispute Resolution for Judicial Officers
73 Boulevard de Clichy — 75009 Paris, France
Website: www.medicys.fr
Online referral procedure: app.medicys.fr
Email: [email protected]
Accreditation: Mediator accredited by the Commission for the Evaluation and Control of Consumer Mediation (CECMC) and listed on the official roster published in the Official Journal of the French Republic.
The consumer may file a complaint with the mediator at no cost. A complaint may only be filed with the mediator:
- if the Customer has demonstrated that they previously attempted to resolve the dispute directly with the Seller by submitting a written complaint;
- unless the request is manifestly unfounded or abusive;
- if the claim has not previously been reviewed or is not currently under review by another mediator or by a court;
- provided that the dispute did not arise more than one year after the written complaint was filed with the Seller.
15.3 Consumer Mediation (Luxembourg)
Customers residing in Luxembourg may, in accordance with the Luxembourg law of February 17, 2016, on the out-of-court resolution of consumer disputes:
Consumer Mediation Service
271 Route d'Arlon — L-1150 Luxembourg
Phone: (+352) 46 13 11
Email: [email protected]
Website: mediateurconsommation.lu
15.4 Consumer Mediation (Belgium)
Customers residing in Belgium may contact the Consumer Mediation Service :
8, P.O. Box 1, Boulevard du Roi Albert II — 1000 Brussels
Phone: +32 (0)2 702 52 00
Email: [email protected]
Website: mediationconsommateur.be
15.5 Optional
The use of mediation is entirely optional. The Customer retains the right at all times to bring a claim directly before the competent court in accordance with Section 16 of these Terms and Conditions.
For your information : The European Online Dispute Resolution (ODR) platform established by Regulation (EU) No. 524/2013 has been repealed by Regulation (EU) 2024/3228 and has been unavailable since July 20, 2025. The Consumer is invited to contact the competent national mediator directly (Articles 15.2 to 15.4 above).
16. Governing Law and Jurisdiction
16.1 Governing Law
These Terms and Conditions and the Agreement entered into pursuant thereto are governed by the Luxembourg law, without prejudice to any mandatory provisions offering greater protection that are applicable in the Consumer’s country of habitual residence pursuant to Article 6(2) of Regulation (EC) No. 593/2008 (“Rome I”).
Consequently:
- Consumers residing in France is also subject to the mandatory provisions of the French Consumer Code (in particular Articles L. 121-1 et seq., L. 211-1 et seq., L. 217-1 et seq., and L. 232-1 et seq.);
- Consumers residing in Belgium is subject to the mandatory provisions of the Economic Law Code (Book VI);
- Consumers residing in Germany is subject to the mandatory provisions of the BGB (§§ 312 et seq., 433 et seq., 474 et seq.).
16.2 Competent Court
In the event of a dispute, and pursuant to Article 18 of Regulation (EU) No. 1215/2012 (“Brussels I bis”), The consumer may, at their discretion, enter:
- or the court of the place where the defendant is domiciled (France, Belgium, Germany, or Luxembourg);
- or the courts of the place where the Seller has its principal place of business, namely the courts of the Grand Duchy of Luxembourg with territorial jurisdiction.
The Seller may bring an action against the Consumer only in the courts of the jurisdiction where the Consumer is domiciled.
16.3 Language of the Terms and Conditions
These Terms and Conditions are written in French. In the event of a translation into English, German, or any other language, Only the French version is authoritative between the Parties, unless otherwise required by mandatory provisions applicable at the Consumer’s place of residence.
17. Provisions specific to Germany (VSBG § 36)
In accordance with § 36 of the Consumer Dispute Resolution Act (VSBG) In accordance with the German Act on Out-of-Court Settlement of Consumer Disputes, the Seller expressly informs Customers residing in Germany:
The Seller is neither willing nor required to participate in an out-of-court dispute resolution procedure before a consumer mediation body and does not participate voluntarily.
We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
This policy may be modified at any time; in such cases, the Terms and Conditions will be updated and the new policy will be notified to the Customer in accordance with the provisions of Section 18.
The contact information for the General Consumer Arbitration Board of the Center for Arbitration, Inc. (Straßburger Straße 8, 77694 Kehl am Rhein, verbraucher-schlichter.de) is provided for informational purposes only.
18. Changes to the Terms and Conditions
18.1 Right to Make Changes
The Seller reserves the right to modify these Terms and Conditions at any time, particularly to reflect any changes in laws, regulations, case law, technology, or business practices.
18.2 Notice
Any substantial changes to the Terms and Conditions will be notified to the Customer holding an Account via email, no later than thirty (30) days before the effective date of the new Terms and Conditions. The Customer is free to reject the new Terms and Conditions; if the Customer does not respond within 30 days, the new Terms and Conditions shall be deemed accepted for future Orders.
18.3 Application over time
The Terms and Conditions applicable to an Order are those in effect as of the date this Order is confirmed, as accepted by the Customer during the Order process. No subsequent changes to the Terms and Conditions may affect an Order that has already been confirmed.
18.4 Retention of Accepted Versions
Le Vendeur conserve, pour chaque Commande, la version exacte des CGV acceptées par le Client, accessible à tout moment sur simple demande à [email protected]. Un horodatage et une empreinte cryptographique de la version acceptée peuvent être joints à la facture sur demande.
19. Partial Validity — Severability Clause
If one or more provisions of these Terms and Conditions are deemed void, unlawful, or unenforceable If any provision is held to be invalid or unenforceable pursuant to any law, regulation, or final decision of a competent court, the remaining provisions shall remain in full force and effect.
The Parties shall then endeavor to replace the invalid provision with a valid provision that achieves an economic and legal effect as close as possible to that of the original provision.
The fact that one Party does not invoke a breach by the other Party of any of the obligations set forth in these Terms and Conditions shall not be construed as a waiver of the right to invoke such breach in the future.
20. Acceptance of the Terms and Conditions
The Customer acknowledges that:
- he has read these Terms and Conditions before confirmation of their Order;
- he checked the box "I have read and agree to the Terms and Conditions of Sale" during the ordering process, which constitutes express and unequivocal acceptance of the Terms and Conditions;
- he has a digital copy of the Terms and Conditions attached to the order confirmation, which is archived for the legally required period;
- He has been informed of his right of withdrawal in accordance with Article 9 and has received the standard withdrawal form set forth in Annex I.B.
The Customer's acceptance of the Terms and Conditions constitutes agreement to all of their provisions, without reservation.
Appendix I.A — Standard Information Regarding the Exercise of the Right of Withdrawal
(Exact text taken from Annex I A of Directive 2011/83/EU, transposed in France by Article R. 221-1 of the Consumer Code and in Luxembourg by the Grand-Ducal Regulation of February 8, 2014.)
Right of withdrawal
You have the right to cancel this contract without giving any reason within fourteen (14) days.
The cancellation period expires fourteen (14) days after the day where you, or a third party other than the carrier and designated by you, physically takes possession of the goods.
ekomfort's Business Commitment : this deadline is extended to thirty (30) calendar days by the Seller, for commercial purposes. Beyond the 14-day statutory period, the Customer has an additional 16 days to exercise their right of withdrawal under the same conditions.
Pour exercer le droit de rétractation, vous devez nous notifier — SAKEPIXEL SARL-S, 13, rue Anna Lindh, L-4547 Differdange, Luxembourg, e-mail : [email protected], téléphone : +352 661 201 619 — votre décision de rétractation du présent contrat au moyen d’an unambiguous statement (for example, a letter sent by mail, fax, or email). You may use the model withdrawal form provided in Appendix I.B, but this is not required.
To ensure that the cancellation period is observed, All you need to do is submit your notice regarding the exercise of your right of withdrawal before the withdrawal period expires.
Effects of withdrawal
If you withdraw from this contract, we will will refund all payments received from you, including shipping costs (except for any additional costs resulting from your choice, if any, of a delivery method other than the least expensive standard delivery method we offer) without undue delay and, in any event, no later than fourteen (14) days from the date we are notified of your decision to cancel of this contract.
We will process the refund using the same payment method you used for the initial transaction, unless you expressly agree to a different method; in any case, this refund will not incur any charges for you.
We can defer the repayment until we have received the item or until you have provided proof of shipment, with the date chosen being the date of the first of these events.
You will need to return the item, to: SAKEPIXEL SARL-S — Returns Department, 13 Anna Lindh Street, L-4547 Differdange, Luxembourg, without undue delay and, in any event, no later than fourteen (14) days after you have notified us of your decision to cancel of this contract. This deadline is deemed to have been met if you return the item before the fourteen-day period expires.
You will need to cover the direct costs of returning the item, unless otherwise specified in the terms and conditions provided by ekomfort Return Policy.
You are liable only with respect to the depreciation of the property resulting from handling other than that which is necessary to determine the nature, characteristics, and proper functioning of this property.
Appendix I.B — Standard Withdrawal Form
Please complete and return this form only if you wish to withdraw from the contract.
À l'attention de SAKEPIXEL SARL-S — Service Retours
13, rue Anna Lindh
L-4547 Differdange
Luxembourg
E-mail : [email protected]
Je/Nous (*) vous notifie/notifions (*) par la présente ma/notre (*) rétractation
du contrat portant sur la vente du bien (*) ci-dessous :
Référence(s) du/des Produit(s) : ________________________________________________
Numéro de Commande : ____________________________________________________________
Commandé le (*)/reçu le (*) : ___________________________________________________
Nom du (des) consommateur(s) : __________________________________________________
Adresse du (des) consommateur(s) : ______________________________________________
________________________________________________________________________________
Signature du (des) consommateur(s) (uniquement en cas de notification du présent
formulaire sur papier) : ________________________________________________________
Date : __________________________________________________________________________
(*) Rayez la mention inutile.
Final Notes
These General Terms and Conditions of Sale (Version 2.0, May 7, 2026) supersede and replace all previous versions. They can be viewed and downloaded at any time from the footer of the ekomfort.lu website, under the heading “General Terms and Conditions of Sale.”
Legal basis and reference documents :
- Directive 2011/83/EU on consumer rights (as amended by Directive (EU) 2019/2161, the “Omnibus” Directive)
- Directive (EU) 2019/771 on the sale of goods
- Regulation (EC) No. 593/2008 (Rome I)
- Regulation (EU) No. 1215/2012 (Brussels I bis)
- Regulation (EU) 2024/3228 repealing Regulation (EU) No 524/2013 (closure of the RLL platform as of July 20, 2025)
- Luxembourg Consumer Code (Books I–V)
- French Consumer Code (in particular Articles L. 121-1 et seq., L. 211-1 et seq., L. 217-1 et seq., L. 221-1 et seq., L. 232-1 et seq.)
- Belgian Economic Law Code, Book VI
- German Civil Code (BGB) §§ 312 et seq., 433 et seq., 474 et seq.
- Consumer Dispute Resolution Act (VSBG) § 36 — Germany
- French Law No. 2023-171 of March 9, 2023 (presumption that a defect existed for two years prior)
- Law of Luxembourg of February 24, 2022 (transposing Directive (EU) 2019/771)
- Luxembourg Law of February 17, 2016 (Consumer Mediation)
- Luxembourg Law of August 14, 2000, on Electronic Commerce
ekomfort Terms and Conditions of Sale — operated by SAKEPIXEL SARL-S, Luxembourg. Document generated on May 7, 2026.
