General conditions for the purchase, installation and connection of a photovoltaic system (the "General Conditions" as of 2023, January 1st) 

diego Luxembourg S.A. (hereinafter referred to as "diego Luxembourg") sells photovoltaic systems to consumers in the Grand Duchy of Luxembourg subject to these General Terms and Conditions for the purchase, installation and connection of a photovoltaic system. Additional deliveries and services will only be provided on the basis of a written amendment to the Contract.

1. Terminology

1.1. The "Property" is the building described in the Offer and in which the Heat Pump System is to be installed.

1.2. The "Customer" is one or more natural persons who enter into a diego Luxembourg contract for the purchase, installation and connection of a Photovoltaic System for their personal use.

1.3. "Force Majeure" means any event occurring after the Contract has been entered into, beyond the control of the party affected, which could not reasonably have been foreseen when the Contract was entered into and the effects of which cannot be avoided by implementing the appropriate measures, which temporarily or definitively prevents the performance of all or part of the obligations deriving from this Contract.

1.4. The "Photovoltaic System" includes the photovoltaic modules, inverter, mounting system and accessories as described in the Offer. The Photovoltaic System may include a storage system such as a battery and an energy management system.

1.5. The "Contract Price" is the fixed price specified in the Offer for all the services to be provided by diego Luxembourg under the Contract.

2. Purpose of the Contract

2.1. These General Terms and Conditions apply to the Contract and related documents, by which diego Luxembourg undertakes to sell the Photovoltaic System, to assemble it and to commission it by connecting it to the grid.

2.2. In return, the Customer undertakes to pay the Contract Price in accordance with the payment terms agreed in point 7 of these General Terms and Conditions.

2.3. diego Luxembourg reserves the right to engage a subcontractor of its choice to perform some or all of the work or services that diego Luxembourg has undertaken to provide under the Contract. The Customer accepts that diego Luxembourg may engage subcontractors. This does not entail any contractual relationship between the Customer and the subcontractor.

2.4. If the contracting parties are unable to fulfil their obligations due to Force Majeure or other circumstances with direct effects on the subject matter of the Contract which they do not have the power to prevent or which cannot be prevented by reasonable technical and/or economic measures, the obligations for the performance of the Contract shall be suspended until the circumstances and their consequences are lifted. The contracting parties will immediately inform each other of these circumstances and their likely duration. The contracting parties will make every reasonable effort to fulfil their obligations as quickly as possible.

3. Preparation of the Offer

3.1. The plans and photographs of the Property, together with the completed checklist, which have been submitted by the Customer to diego Luxembourg via the website, form the basis on which an initial estimate is drawn up and reflected in the sales proposal. On the basis of this estimate, diego Luxembourg carries out, prior to any work and at the Customer's request, a technical visit to the site to verify the information used to draw up the commercial proposal (exact measurements of the roof, length of cables required, accessibility to the roof, etc.) 

3.2. Following the technical visit, diego Luxembourg will send an offer (hereinafter referred to as the "Offer") to the Customer which takes into account any modifications to the general configuration of the project, revealed as necessary during the technical visit. The Offer is only valid for the period of validity indicated.

3.3. Once the Customer has duly signed and returned the Contract to diego Luxembourg, his/her commitment to purchase the Photovoltaic System will become definitive.

3.4. diego Luxembourg reserves all intellectual property rights to the technical documents attached to the Offer.

3.5. The Customer undertakes to cover the costs of the technical inspection. If the Customer decides to continue the project with diego Luxembourg, these costs will be reimbursed to the Customer. If the Customer decides not to continue the project with diego Luxembourg, he/she may nevertheless have the right to claim reimbursement of the technical visit in the case that the amount of the Offer is more than 20% higher than the amount of the first estimate, and no justification (other than an increase in the price of raw materials, labour or additional work) is provided by diego Luxembourg.

4. Installation and commissioning of the photovoltaic system

4.1. The Photovoltaic System will be installed and commissioned in accordance with the parameters agreed in the Offer. All additional work and supplies not included in the Offer are excluded. If, after submission of the Offer or during the installation work, the Customer wishes to make changes to the Photovoltaic System ordered, these changes are first subject to a feasibility analysis by diego Luxembourg. If diego Luxembourg accepts these changes, they can be carried out. Additional costs may be incurred for these changes; the Contract Price will be adjusted and invoiced accordingly.

4.2. The installation of the Photovoltaic System presupposes compliance with the applicable legal provisions and a positive result of the analysis by the local grid operator of the compatibility with the grid, taking into account all the individual regulations of the grid operator. The request for analysis by the relevant grid operator is made by diego Luxembourg, at the Customer's expense, and is included in the Contract Price. 

4.3. The date of delivery and installation of the Photovoltaic System is agreed between diego Luxembourg and the Customer. As a general rule, delivery and installation take place within five (5) months of the conclusion of the Contract. Minor deviations, which will be discussed with the Customer, are possible depending on the weather and the grid operator. If, without legitimate reason, the Customer is not present on the agreed date or if the work cannot be carried out for this reason, diego Luxembourg is entitled to invoice the Customer for travel costs​.

4.4. The Customer undertakes to carry out all necessary work before the agreed delivery and installation date. The stability of the roof structure must be ensured and must, if necessary, be verified by a structural engineer appointed and paid for by the Customer. Compliance with the requirements of building legislation is also a prerequisite. The relevant inspection is the responsibility of the Customer and does not form part of this Contract. The Customer shall be responsible for obtaining building permission from the relevant local authority and shall provide diego Luxembourg with a copy of the certificate.

4.5. Once the installation has been completed, diego Luxembourg will take the necessary steps with the relevant grid operator to have the Photovoltaic System connected to the grid for commissioning. The relevant grid operator will carry out all the necessary checks, which the Customer will attend and provide any useful support. Once the Photovoltaic System has been connected to the grid, and once diego Luxembourg has checked that the Photovoltaic System is working in the presence of the Customer, the Customer will sign the acceptance of work. In the event that the Customer could not be present, he/she shall endeavour to return the signed acceptance of work within two (2) weeks.

4.6. Notwithstanding Article 1583 of the Civil Code, all equipment sold and installed remains the property of diego Luxembourg until the Customer has paid the Contract Price in full. During the period of retention of title in favour of diego Luxembourg, the Customer nevertheless bears the entire risk of loss and damage, even if caused by accident or Force Majeure. As long as the Customer has not paid the Contract Price in full, he/she may not freely dispose of the Photovoltaic System, sell or pledge it, or reduce its value in any other way. If the Customer fails to pay the Contract Price within the period specified in point 7 of these General Terms and Conditions, diego Luxembourg reserves the right to cancel the Contract and to dismantle the Photovoltaic System. The costs of dismantling will be borne by the Customer.

4.7. In the event of a change of ownership of the Photovoltaic System, all documentation relating to the Photovoltaic System (including invoices and product guarantee certificates) must be passed on to the new owner.

5. Adaptations, supply arrangements and connection charges

5.1. The technical documents provided with the Offer, such as images, dimensions or plans, are only binding to the extent that no changes specific to the construction of the Property have been made after the technical site visit and that the relevant legal provisions have not changed until the installation and commissioning of the Photovoltaic System has been completed. If this is not the case, diego Luxembourg will make reasonable changes to the technical documentation and reserves the right to do so and to adapt the composition and placement of the Photovoltaic System to the new conditions. Minor common deviations are possible and permitted.

5.2. The Customer will be informed in advance of the additional costs incurred by the modifications that are essential for the successful completion of the Photovoltaic System and will be asked for his/her agreement. If the Customer refuses to give his/her consent or if he/she does not give his/her consent after formal notice within ten (10) calendar days, diego Luxembourg has the right to cancel the Contract and to invoice the Customer for the costs already incurred.

5.3. If, between the date of signature of the Contract and the installation of the Photovoltaic System, an increase in the price of the material or a problem with the supply of the material proposed in the Offer occurs, diego Luxembourg will inform the Customer. The Customer accepts that these circumstances may result in a reasonable increase in the Contract Price of the Offer, which may not exceed 10%. Should the final Contract Price exceed this ceiling, the Customer has the right to terminate the Contract within eight (8) calendar days.

5.4. diego Luxembourg reserves the right to offer equipment of equivalent quality and subject to equivalent guarantees to that presented in the Offer. Within these limits, the Customer expressly accepts that the equipment supplied may, in particular as a result of difficulties linked to supply chains, differ from the equipment designated in the Offer.

5.5. The costs for the electrical installation, included in the Contract Price, are only valid subject to final confirmation by the network operator of the envisaged connection concept and may, where applicable, be subject to variation. The Contract Price will be adjusted in line with any adjustments imposed by the network operator.

5.6. The network operator's connection charges are not included in the Contract Price and must be paid directly to the network operator.

6. Legal guarantee

6. Legal guarantee

6.1.1. In accordance with Article L. 212-5(1) of the Consumer Code, a legal warranty of two (2) years applies to the materials forming part of the Photovoltaic System. Within the framework of this legal guarantee, diego Luxembourg guarantees that, at the time of delivery, these materials comply with the recognised technological norms and that they do not have any defect which could nullify or reduce their value or their suitability for normal use. If, against all expectations, this is not the case, the Customer must always give diego Luxembourg the possibility of providing a replacement, or performing additional or adjustment work within a reasonable period. 

If, against all expectations, this is not the case, the Customer must always give diego Luxembourg the possibility of providing a replacement, or performing additional or adjustment work within a reasonable period.

6.1.2. diego Luxembourg guarantees the Customer for a period of two (2) years from the completion of the installation work that the installation carried out complies with the recognised technological norms for this type of service and is free from defects. This installation guarantee is only transferred to a new owner of the Photovoltaic System if diego Luxembourg is informed in writing of the change of owner and the details of the new owner within two (2) months of the transfer of ownership. If the Customer entrusts work or repairs on the Photovoltaic System to a third party, not approved by diego Luxembourg, this will result in the immediate cancellation of the installation guarantee.

6.1.3. Claims are excluded in the event of minor deviations from the agreed characteristics of the Photovoltaic System, minor disruptions to the functionality of the Photovoltaic System, natural wear and tear or deterioration and damage caused by incorrect or negligent use after the transfer of risk, poorly executed work by third parties, unsuitable terrain or external influences not taken into account in the Offer. If non-conforming repair work or modifications are carried out by the Customer or by third parties, the consequences of such work or modifications shall not give rise to any claims.

6.1.4. Within the framework of the legal guarantee, the interventions carried out by diego aiming at providing a replacement, or performing additional or adjustment work according to this article are covered by diego. Nevertheless, if the Customer's request for intervention concerns a problem that originates in an element that is not the responsibility of diego, the costs of the intervention will be borne by the Customer. For these interventions, travel costs are 30 EUR (excl. VAT) within a radius of 30km from diego's registered office, and 50 EUR (excl. VAT) for the entire territory of Luxembourg. The applicable hourly rates are 65 EUR (excl. VAT) per hour for each electrician. If a project manager is required, the hourly rate is 100 EUR (excl. VAT) per hour. These hourly rates are subject to indexation in line with the national consumer price index published by STATEC.

6.2. Contractual warranties: product warranties for solar modules, inverter and battery if applicable​

6.2.1. Where the manufacturers of the solar modules, the inverter and/or the battery if applicable grant contractual warranties directly to the Customer, these shall be exercised in accordance with the warranty conditions appended to the Offer.

6.2.2. These guarantees do not give rise to any rights on the part of the Customer against diego Luxembourg. It will therefore be up to the Customer to exercise any warranty claims against the manufacturers of the solar modules, the inverter and the battery if applicable.

7. Invoicing and payment terms

7.1. The Contract Price is invoiced to the Customer as follows: 

7.1.1. The first invoice for 60% of the Contract Price will be sent to the Customer after receipt of the duly signed Contract and must be paid within thirty (30) calendar days of receipt by the Customer.

7.1.2. The second invoice for 40% of the Contract Price will be issued after confirmation of commissioning and must be paid within thirty (30) calendar days of receipt by the Customer.

7.2. Invoices must be paid by bank transfer. Compliance with the deadline is assessed on the basis of the date of receipt and availability of the amount in the account indicated on the diego Luxembourg invoice.

7.3. In the event of late payment by the Customer of all or part of the amount due, diego Luxembourg is entitled to charge the Customer default interest at the legal rate in force without prior reminder in accordance with Article 12 of the amended law of 18 April 2004 on payment deadlines and default interest.

7.4. In addition to late payment interest, the Customer may be charged a collection fee of forty euros (€ 40).

7.5. Any complaint relating to invoices must be substantiated and notified by registered mail to diego Luxembourg no later than ten (10) calendar days after receipt of the invoice concerned.

7.6. The Customer may only withhold payments if it has submitted a written claim, and this withholding may not exceed 10% of the Contract Price.

8. Right of withdrawal 

8.1. In accordance with article L. 221-3 of the Consumer Code, and provided that the Contract has been concluded in the form of a "distance contract" or an "off-premises contract" and the Customer is considered a “consumer”, the Customer has the right to withdraw from the Contract within fourteen (14) calendar days from the date of receipt of the materials forming part of the Photovoltaic System. During this period, the Customer may cancel the Contract without giving any reason. To exercise his/her right of withdrawal, the Customer must send diego Luxembourg an unambiguous written declaration by post or e-mail no later than the last day before the expiry of the withdrawal period, the day of dispatch being decisive. 

8.2. The declaration of withdrawal may, but need not, be worded as follows:

diego Luxembourg S.A.
9, rue Robert Stumper
L-2557 Luxembourg
E-Mail: welcome@mydiego.lu

I/we (*) hereby declare that I/we (*) withdraw from the contract with diego Luxembourg for the purchase, installation, and connection of a photovoltaic system, concluded on [...], it being specified that I/we (*) took delivery of the Photovoltaic System on [...]..

(*) Inapplicable text to be deleted.

Customer name
Customer address
Signature
Date

8.3. The right of withdrawal does not apply to the purchase of products which (i) have been made to the Customer's specifications and are of a personal nature or which (ii) by their nature, have been irrevocably mixed with other products after delivery. During the 14-day withdrawal period, the Customer must take the greatest possible care of the Photovoltaic Installation.

8.4. In the event of exercise of the right of withdrawal, diego Luxembourg will, at no additional fee to the Customer, refund any payments received from the Customer within fourteen days of receipt of the Customer's decision to withdraw from the Contract, and using the same means of payment as that used for the original transaction unless expressly agreed otherwise with the Customer. However, the costs of services already carried out and any damage incurred between the time of installation and the return of the photovoltaic modules, the inverter and the battery if applicable, will be deducted in accordance with the terms set out below.

8.5. In the event of exercise of the right of withdrawal, the Customer is obliged, at his/her own expense and risk, to have the photovoltaic modules, the inverter and the battery if applicable dismantled and returned to the third-party professional designated by diego Luxembourg upon receipt of the declaration of withdrawal.

8.6. By requesting in writing that the installation work begin before the end of the withdrawal period, the Customer undertakes to compensate diego Luxembourg for the installation work and to bear all costs relating to this work, if he/she exercises his/her right of withdrawal after the installation work has begun. Assembly and installation costs are assessed at 60% of the Contract Price.

9. Liability

9.1. diego Luxembourg's liability for non-compliance with contractual obligations is limited to damage caused by gross negligence or wilful misconduct as well as by the gross negligence or wilful misconduct of its representatives or agents, unless it involves injury to life, physical injury, or injury to health. 

9.2. Liability is limited to foreseeable and customary damages. diego Luxembourg declines all liability for indirect damages suffered by the Customer. Indirect damages include, but are not limited to, loss of profit and/or other loss of income.

10. Data processing

10.1. The Customer acknowledges that diego Luxembourg as well as its representatives, employees and subcontractors (in particular companies that perform auxiliary services for the execution of the Contract such as installers, maintenance companies, accountants or financial service providers) process and use for the purposes of the Contract the personal data collected in the context of the conclusion and execution of the Contract. diego Luxembourg's privacy policy can be found at https://mydiego.lu/en/vie-privee.

10.2. This data is processed and used in compliance with the legal provisions relating to the protection of individuals when processing personal data. At the written request of the Customer, diego Luxembourg allows the Customer to consult the data to be processed and provides information relating to such data. The Customer has a right of access to his/her personal data and has a right to rectify his/her data in accordance with legal provisions.

11. Advertising

diego Luxembourg reserves the right to use references and images of the work carried out in its advertising, including on its social networks, provided that no reference is made to the Customer's personal data and that the Customer does not appear in any photo taken by diego Luxembourg. The Customer has to inform diego Luxembourg if he/she does not want any images relating to his/her Photovoltaic System to be used.

12. Assignment of contract

diego Luxembourg may assign the Contract to a third party, in particular to an affiliated company, provided that the assignment does not affect the Customer's rights. diego Luxembourg shall inform the Customer of the assignment no later than thirty (30) calendar days after the assignment.

13. Derogations

Agreements derogating from the content of the Contract must be made in writing and signed by the contracting parties.

14. Safeguard clause

Should one or more provisions of the Contract or the General Conditions be declared unlawful or unenforceable, this shall not affect the validity of the remaining provisions. diego Luxembourg undertakes to replace the unlawful or unenforceable provision with a lawful and enforceable provision.

15. Language and applicable law

In the event of divergence, the French version shall prevail and be the reference for any questions of interpretation. The Contract as well as the General Conditions are subject to Luxembourg law.

General conditions for the purchase, installation and connection of a heat pump system (the « General Conditions » as of 2024, January 1st) 

diego Luxembourg S.A. (hereinafter referred to as "diego Luxembourg") sells Heat Pump Systems to consumers in the Grand Duchy of Luxembourg under these General Terms and Conditions for the purchase, installation and connection of a heat pump system. Additional deliveries and services are only provided on the basis of a written amendment to the Contract..

1. Terminology

1.1. The "Property" is the building described in the Offer and in which the Heat Pump System is to be installed.

1.2. The "Customer" is one or more natural persons who enter into a diego Luxembourg contract for the purchase, installation and connection of a heat pump system for their personal use.

1.3. "Force Majeure" means any event occurring after the Contract has been entered into, beyond the control of the party affected, which could not reasonably have been foreseen when the Contract was entered into and the effects of which cannot be avoided by implementing the appropriate measures, which temporarily or definitively prevents the performance of all or part of the obligations deriving from this Contract.

1.4. The "Heat Pump System" includes the heat pump, the circulators, the heat exchanger, any modifications to be made to the electrical installation to supply the heat pump and/or the heat and hot water pipes, the hot water tank if applicable, and the accessories as described in the Offer. The heat pump may be connected to an electricity production system using photovoltaic panels if expressly mentioned.

1.5. The "Contract Price" is the fixed price specified in the Offer for all the services to be provided by diego Luxembourg under the Contract.

2. Purpose of the Contract

2.1. These General Conditions apply to the Contract and related documents, by which diego Luxembourg undertakes to sell the Heat Pump System, to install it and to put it into service by connecting it to the network.

2.2. In return, the Customer undertakes to pay the Contract Price in accordance with the payment terms agreed in point 7 of these General Terms and Conditions.

2.3. diego Luxembourg reserves the right to engage a subcontractor of its choice to perform some or all of the work or services that diego Luxembourg has undertaken to provide under the Contract. The Customer accepts that diego Luxembourg may engage subcontractors. This does not entail any contractual relationship between the Customer and the subcontractor.

2.4. If the contracting parties are unable to fulfil their obligations due to Force Majeure or other circumstances with direct effects on the subject matter of the Contract which they do not have the power to prevent or which cannot be prevented by reasonable technical and/or economic measures, the obligations for the performance of the Contract shall be suspended until the circumstances and their consequences are lifted. The contracting parties will immediately inform each other of these circumstances and their likely duration. The contracting parties will make every reasonable effort to fulfil their obligations as quickly as possible.

3. Preparation of the Offer

3.1. The plans and photos of the Property, together with the duly completed checklist, which have been submitted by the Customer to diego Luxembourg via the website, form the basis on which an initial estimate is drawn up and reflected in the sales proposal. On the basis of this estimate diego Luxembourg will, prior to any work and at the Customer's request, carry out a technical site visit to verify the information used to draw up the commercial proposal (condition of the sanitary heating installation, positioning of the interior and exterior heat pump equipment, any civil engineering, wall penetrations, electrical connections, removal of the old installation).

3.2. Following the technical visit, diego Luxembourg will send an offer (hereinafter referred to as the "Offer") to the Customer which takes into account any modifications to the general configuration of the project, revealed as necessary during the technical visit. The Offer is only valid for the period of validity indicated.

3.3. Structural and civil engineering work is not included in the Offer, unless expressly specified.

3.4. Once the Customer has duly signed and returned the Contract to diego Luxembourg, his commitment to purchase the Heat Pump System will become definitive.

3.5. diego Luxembourg reserves all intellectual property rights to the technical documents attached to the Offer.

3.6. The Customer undertakes to bear the costs of the technical visit. If the customer decides to continue the project with diego Luxembourg, these costs will be reimbursed. If the Customer decides not to continue the project with diego Luxembourg, it may still have the right to claim reimbursement of the technical visit in the event that the amount of the Offer is more than 20% higher than the amount of the first estimate, and no justification (excluding price increases for raw materials, labor or additional work) is provided by diego Luxembourg.

3.7. The Contract Price provided for in the Offer is based on the following assumptions:

3.7.1. it must be possible to start work within three months of signing the Offer;

3.7.2. the work must be able to be carried out uninterruptedly, without the intervention of other service providers hired by the Customer requiring a postponement or interruption of the work by diego Luxembourg.

4. Installation and commissioning of the Heat Pump System

4.1. The Heat Pump System will be installed and commissioned in accordance with the parameters agreed in the Offer. All additional work and supplies not included in the Offer are excluded. If, after submission of the Offer or during installation work, the Customer wishes to make changes, these changes are first subjected to a feasibility analysis by diego Luxembourg. If diego Luxembourg accepts these changes, they can be carried out. Additional costs may be incurred for these changes; the Contract Price will be adjusted and invoiced accordingly.

4.2. The date of delivery and installation of the Heat Pump System is agreed between diego Luxembourg and the Customer. As a general rule, delivery and installation take place within two (2) months of the conclusion of the Contract. The calculation of lead times assumes that the work can be carried out in a continuous and uninterrupted manner. Any delay in the supply of plans, decisions or information to be provided by the Customer or its contractors, or any delay caused by the Customer or other workers hired by the Customer, as well as non-compliance with the terms of payment by the Customer, may result in an extension of the deadlines and an adjustment of the Contract Price.

4.3. If, without legitimate reason, the Customer is not present on the agreed date or if the work cannot be carried out for a reason attributable to the Customer, diego Luxembourg is entitled to invoice the Customer for travel costs.

4.4. The Customer undertakes to carry out any necessary work before the agreed delivery and installation date, such as adapting the electrical infrastructure to the standards currently in force. If the state of the site at the time of the technical visit is adequate, the Customer undertakes to ensure that the same state will be found when the work begins. If other service providers are involved or work is in progress, the Customer shall ensure that the site complies with health, safety and hygiene legislation. Compliance with the requirements of building legislation is also a prerequisite; the corresponding control is the Customer's responsibility and does not form part of this Contract. The Customer will be responsible for obtaining building permission from the relevant local authority and will provide diego Luxembourg with a copy of the certificate.

4.5. Once the Heat Pump System has been commissioned and the operation of the Heat Pump System has been checked by diego Luxembourg in the presence of the Customer, the Customer will sign the works acceptance form. If the Customer is unable to be present, he shall endeavour to return the signed works acceptance form within two (2) weeks.

4.6. Notwithstanding Article 1583 of the Civil Code, all equipment sold and installed remains the property of diego Luxembourg until the Customer has paid the Contract Price in full. During the period of retention of title in favour of diego Luxembourg, the Customer nevertheless bears the entire risk of loss and damage, even if caused by accident or Force Majeure. Until the Customer has paid the Contract Price in full, he/she may not freely dispose of the Heat Pump System, sell or pledge it, or reduce its value in any other way. If the Customer fails to pay the Contract Price within the period specified in point 7 of these General Terms and Conditions, diego Luxembourg reserves the right to cancel the Contract and dismantle the Heat Pump System. The costs of dismantling will be borne by the Customer.

4.7. If the owner of the Heat Pump System changes, all documentation relating to the Heat Pump System (including invoices and product warranty certificates) must be passed on to the new owner.

5. Adaptations, supply arrangements and connection charges

5.1. The technical documents provided with the Offer, such as images, dimensions or plans, are only binding on condition that no changes specific to the construction of the Property have been made in the meantime or after the on-site technical visit and that the legal provisions applicable in this regard have not changed until the installation and commissioning of the Heat Pump System has been completed. If this is not the case, diego Luxembourg must make reasonable changes to the technical documents and reserves the right to do so and to adapt the composition and placement of the Heat Pump System to the new conditions. Minor deviations commonly accepted are possible and permitted.

5.2. The Customer will be informed in advance of any additional costs that may be incurred as a result of modifications that are essential for the proper completion of the Heat Pump System and will be asked for its agreement. If the Customer refuses to give his/her agreement or if he/she does not give his/her agreement after formal notice respecting a period of ten (10) calendar days, diego Luxembourg has the right to cancel the Contract and to invoice the Customer for the costs already incurred. 

5.3. In the event that, between the date of signature of the Contract and the installation of the Heat Pump System, an increase in the price of the material or a problem with the supply of the material proposed in the Offer occurs, diego Luxembourg will inform the Customer. The Customer accepts that these circumstances may result in a reasonable increase in the Contract Price of the Offer, which may not exceed 10%. Should the final Contract Price exceed this ceiling, the Customer has the right to terminate the Contract within eight (8) calendar days.

5.4. diego Luxembourg reserves the right to offer equipment of equivalent quality and subject to equivalent guarantees to that presented in the Offer. Within these limits, the Customer expressly accepts that the equipment supplied may, in particular as a result of difficulties linked to supply chains, differ from the equipment designated in the Offer.

5.5. The Customer warrants that its electrical supply can handle the increased load of the Heat Pump System and that all large electrical consumers have been notified to diego when preparing the Offer. Diego cannot be held liable for excess electrical consumption of the Property in connection with undocumented equipment (e.g. sauna).

6. Legal guarantee

6. Legal guarantee

6.1. In accordance with Article L. 212-5(1) of the Consumer Code, a legal warranty of two (2) years applies to the Heat Pump System. Within the framework of this legal guarantee, diego Luxembourg guarantees that, at the time of delivery, the materials comply with the recognised technological norms and that they do not have any defect which could nullify or reduce their value or their suitability for normal use.

6.2. If, against all expectations, this is not the case, the Customer must always give diego Luxembourg the possibility of providing a replacement, or performing additional or adjustment work within a reasonable period.

6.3. diego Luxembourg guarantees the Customer for a period of two (2) years from the completion of the installation work that the installation carried out complies with the recognised technological norms for this type of service and is free from defects. This installation guarantee is only transferred to a new owner of the Heat Pump System if diego Luxembourg is informed in writing of the change of owner and the details of the new owner within two (2) months of the transfer of ownership. If the Customer entrusts work or repairs on the Heat Pump System to a third party not approved by diego Luxembourg, this will result in the immediate cancellation of the installation guarantee.

6.4. All claims are excluded in the event of minor deviations from the agreed characteristics of the Heat Pump System, minor disruptions to the functionality of the Heat Pump System, natural wear and tear or deterioration and damage caused by incorrect or negligent use after the transfer of risk, poorly executed work by a third party, unsuitable terrain or external influences not taken into account in the Offer. If non-conforming repair work or modifications are carried out by the Customer or by third parties, the consequences of such work or modifications shall not give rise to any claims

6.5. Within the framework of the legal guarantee, the interventions carried out by diego aiming at providing a replacement, or performing additional or adjustment work according to this article are covered by diego. Nevertheless, if the Customer's request for intervention concerns a problem that originates in an element that is not the responsibility of diego, the costs of the intervention will be borne by the Customer. For these interventions, the respective costs are included in the list of costs, available on the website www.mydiego.lu.

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7. Invoicing and payment terms

7.1. The Contract Price is invoiced to the Customer as follows: 

7.1.1. The first invoice for 60% of the Contract Price will be sent to the Customer after receipt of the duly signed Contract and must be paid within thirty (30) calendar days of receipt by the Customer.

7.1.2. The second invoice for 40% of the Contract Price will be issued after confirmation of commissioning and must be paid within thirty (30) calendar days of receipt by the Customer.

7.2. Invoices must be paid by bank transfer. Compliance with the deadline is assessed on the basis of the date of receipt and availability of the amount in the account indicated on the diego Luxembourg invoice.

7.3. In the event of late payment by the Customer of all or part of the amount due, diego Luxembourg is entitled to charge the Customer default interest at the legal rate in force without prior reminder in accordance with Article 12 of the amended law of 18 April 2004 on payment deadlines and default interest.

7.4. In addition to interest on arrears, collection costs may be charged to the Customer. The respective costs are set out in the list of costs available at www.mydiego.lu. 

7.5. Any complaint relating to invoices must be substantiated and notified by registered mail to diego Luxembourg no later than ten (10) calendar days after receipt of the invoice concerned.

7.6. The Customer may only withhold payments if it has submitted a written claim, and this withholding may not exceed 10% of the Contract Price.

8. Right of withdrawal 

8.1. In accordance with article L. 221-3 of the Consumer Code and provided that the Contract has been concluded in the form of a "distance contract" or "off-premises contract" and that the Customer is considered to be a "consumer", the Customer has a right of withdrawal within a period of fourteen (14) calendar days from the date of receipt of the Heat Pump System. During this period, the Customer may cancel the Contract without giving any reason. To exercise his/her right of withdrawal, the Customer must send diego Luxembourg a written and unambiguous declaration by post or e-mail no later than the last day before the expiry of the withdrawal period, the day of dispatch being decisive.

8.2. The declaration of withdrawal may, but need not, be worded as follows:

diego Luxembourg S.A.
9, rue Robert Stumper
L-2557 Luxembourg
E-Mail: welcome@mydiego.lu

I/we (*) hereby declare (*) that I/we (*) withdraw from the contract with diego Luxembourg for the purchase and installation of a heat pump system, concluded on [...], it being specified that I/we (*) took delivery of the heat pump system on [...].

(*) Inapplicable text to be deleted.

Customer name
Customer address
Signature
Date

8.3. The right of withdrawal does not apply to the purchase of products which (i) have been made to the Customer's specifications and are of a personal nature or which (ii) by their nature, have been irrevocably mixed with other products after delivery. During the 14-day withdrawal period, the Customer must take the greatest possible care of the Heat Pump System.

8.4. In the event of exercise of the right of withdrawal, diego Luxembourg will, at no additional cost to the Customer, reimburse the payments received from the Customer within fourteen days of receipt of the Customer's decision to withdraw from the Contract, using the same means of payment as that used for the initial transaction unless expressly agreed otherwise with the Customer. However, the costs for services already carried out, as well as any damage that may have occurred between the time of installation and the return of the heat pump, circulators and possibly the hot water buffer tank or the civil engineering work already carried out, will be deducted in accordance with the terms set out below. diego Luxembourg cannot be required to return the Property in pristine condition.

8.5. If the right of withdrawal is exercised, the Customer is obliged, at his/her own expense and risk, to dismantle and return the Heat Pump System to the third-party professional designated by diego Luxembourg upon receipt of the declaration of withdrawal. 

8.6. By requesting in writing that the installation work begin before the end of the withdrawal period, the Customer undertakes to compensate diego Luxembourg for the installation work and to bear all costs relating to this work, if he/she exercises his/her right of withdrawal after the installation work has begun. Assembly and installation costs are assessed at 60% of the Contract Price.

9. Liability

9.1. diego Luxembourg's liability for non-compliance with contractual obligations is limited to damage caused by gross negligence or wilful misconduct as well as by the gross negligence or wilful misconduct of its representatives or agents, unless it involves injury to life, physical injury, or injury to health. 

9.2. Liability is limited to foreseeable and customary damages. diego Luxembourg declines all liability for indirect damages suffered by the Customer. Indirect damages include, but are not limited to, loss of profit and/or other loss of income.

9.3. diego Luxembourg is not liable for damage caused by third parties working on the site.

10. Data processing

10.1. The Customer acknowledges that diego Luxembourg as well as its representatives, employees and subcontractors (in particular companies that perform auxiliary services for the execution of the Contract such as installers, maintenance companies, accountants or financial service providers) process and use for the purposes of the Contract the personal data collected in the context of the conclusion and execution of the Contract. diego Luxembourg's privacy policy can be found at https://mydiego.lu/en/vie-privee.

10.2. This data is processed and used in compliance with the legal provisions relating to the protection of individuals when processing personal data. At the written request of the Customer, diego Luxembourg allows the Customer to consult the data to be processed and provides information relating to such data. The Customer has a right of access to his/her personal data and has a right to rectify his/her data in accordance with legal provisions.

11. Advertising

11.1. diego Luxembourg reserves the right to use references and images of the work carried out in its advertising, including on its social networks, provided that no reference is made to the Customer's personal data and that the Customer does not appear in any photo taken by diego Luxembourg. The Customer must inform diego Luxembourg, at the time of the order, if he/she does not wish images relating to his/her Heat Pump System to be used.

11.2. The Customer authorises diego Luxembourg to install information and advertising panels at the address of the Property during the works.

12. Assignment of contract

diego Luxembourg may assign the Contract to a third party, in particular to an affiliated company, provided that the assignment does not affect the Customer's rights. diego Luxembourg shall inform the Customer of the assignment no later than thirty (30) calendar days after the assignment.

13. Derogations

Agreements derogating from the content of the Contract must be made in writing and signed by the contracting parties.

14. Safeguard clause

Should one or more provisions of the Contract or the General Conditions be declared unlawful or unenforceable, this shall not affect the validity of the remaining provisions. diego Luxembourg undertakes to replace the unlawful or unenforceable provision with a lawful and enforceable provision.

15. Language and applicable law

In the event of divergence, the French version of these General Conditions shall prevail and be the reference for any questions of interpretation. The Contract as well as the General Conditions are subject to Luxembourg law.