Legal
Terms and conditions of sale
The rules of the game, in plain language: what you order, what we deliver and what happens when something goes wrong.
Who we are
The website smartmarket.lu and the Smartmarket mobile applications are operated by ZY Agency - smartmarket.lu, 5 Rue Hildegard Von Bingen, L-1282 Luxembourg, Luxembourg (RCS B272241, VAT LU34447040) (“Smartmarket”, “we”).
Contact: hello@smartmarket.lu · WhatsApp +352 661 555 778.
What these terms cover
These terms apply to every order placed on the website or in the applications for delivery in the Grand Duchy of Luxembourg. By placing an order you accept them. The version in force is the one published on the day of your order.
Products and prices
Prices are shown in euros and include VAT. The price that applies is the one shown when you place the order. Promotions (“2+1 free”, “−25 % from 3” and the like) apply under the conditions shown next to the product and while stocks last.
Photos illustrate the product; packaging and appearance may differ. Always read the label of the product you receive: it prevails over the information on the website, in particular for ingredients and allergens.
Alcohol is sold only to persons who have reached the legal age in Luxembourg. The courier may ask for an identity document and will not hand over the alcohol if it is not shown.
Placing an order
You can order with or without an account. The order is placed when you confirm it at checkout and the payment is accepted; we then send a confirmation by e-mail. We may refuse or cancel an order — for example if a product is unavailable, if the address is outside our delivery area or in case of suspected fraud — and refund what you paid.
Minimum order, products only, VAT included: 30,00 € (Zone 1), 100,00 € (Zone 2), 150,00 € (Zone 3).
Delivery
We deliver to the address you give, in the 30-minute window you choose at checkout. The delivery fee depends on your zone and is shown before you pay; delivery is free from 200,00 €. A service fee of 4,95 € per order covers picking, packing and live support.
Delivery windows are estimates: traffic, weather or an exceptional number of orders can cause a delay, and we will inform you if that happens. Someone must be present to receive the order. If nobody is there, we follow the choice you made at checkout: leave the bags at the door (at your risk from that moment) or deliver again later, in which case a new delivery fee applies.
Missing products and replacements
Stock changes during the day, so a product you ordered may be missing when we prepare your order. For each product you choose in the cart or at checkout: “Best match” — we replace it with the closest alternative — or “Do not replace” — we refund it.
If the replacement costs less, we refund the difference. If it costs more, you pay nothing extra. You can refuse a replacement on delivery; it is then refunded.
Payment and refunds
Payment is made online when you order, by: Debit & Credit Cards, PayPal, Apple Pay, Google Pay. Payment data is processed by our payment providers; we never see or store your card number. Companies approved by us may pay by bank transfer, within the term stated on the invoice.
Refunds — for a missing product, a refused replacement or a complaint — are made to the payment method used for the order, normally within a few working days and at the latest within 14 days. An invoice is issued when the order is completed and shows the amounts actually charged.
Our satisfaction guarantee
If a product is damaged, not fresh or not what you ordered, tell us as soon as possible after delivery — ideally within 48 hours and with a photo. We refund it or, if you prefer, replace it.
Right of withdrawal
For most of what we deliver there is no statutory right of withdrawal: the Luxembourg Consumer Code excludes goods that are liable to deteriorate or expire rapidly, and sealed goods that cannot be returned for health or hygiene reasons once unsealed.
For other products (for example household items in their original, unopened packaging) you may withdraw within 14 days of delivery without giving a reason. Write to us at hello@smartmarket.lu; we arrange the return and refund the product within 14 days of receiving it back.
Legal guarantee
All products benefit from the legal guarantee of conformity provided by the Luxembourg Consumer Code (two years from delivery for durable goods) and from the guarantee against hidden defects of the Civil Code.
Liability
We are liable for damage caused by our fault, within the limits allowed by law. We are not liable for delays or failures caused by events beyond our reasonable control (severe weather, road closures, strikes, power or network failures). Nothing in these terms limits the rights you have as a consumer under mandatory law.
Your account
Keep your password confidential and your details up to date. You can delete your account at any time from “My account”; orders and invoices that the law requires us to keep are retained for the legal period.
Complaints and mediation
A problem? Contact us first — hello@smartmarket.lu — we answer quickly and almost always find a solution.
If we cannot agree, you may turn, free of charge, to the Luxembourg consumer mediation service: Service national du Médiateur de la consommation, www.mediateurconsommation.lu.
Applicable law
These terms are governed by Luxembourg law. Disputes fall within the jurisdiction of the courts of Luxembourg, without prejudice to the mandatory rules that protect you as a consumer in your country of residence.
Questions about this page: hello@smartmarket.lu