These are our terms of use

General provisions

Introduction
The address http://www.benureuse.lu is a website accessible on the Internet and belonging to BENU Village Esch asbl, with its registered office at 50, Rue des Celtes, L-1318 Luxembourg.
These terms of use define:

• the conditions and modalities according to which users (donors) can donate items;
• the conditions and modalities according to which users (receivers) can search for, order and purchase items.

Complaints of any kind must be reported by the user in writing and can also be sent electronically to the following address: info@benureuse.lu.
 

Definitions
Unless otherwise stated, the following terms and designations have the meaning given below, regardless of whether their first letter is uppercase or lowercase, or whether they are used in the singular or plural in these Terms of Use or other documents.

• User: natural or legal person who has identified him-/herself and registered on the www.benureuse.lu website in order to donate or accept one or more items and to use the services of the website for which registration is required. If it is a natural person, the user must have reached the age of 18 and be legally competent. If s:he is younger than 18 years, the user must be declared of legal age
• Donor: natural or legal person who has donated objects that s:he would like to pass on via the www.benureuse.lu website
• Receiver: natural or legal person who placed an order or a search query on the www.benureuse.lu website
• Object / item / article / thing: refers to a material good that is donated and passed on on the website
• REUSE categories: List on the www.benureuse.lu website with defined categories and sub-categories in which items can be donated and searched. BENU REUSE reserves the right to change the categories and sub-categories if necessary
• REUSE criteria: List on the website www.benureuse.lu with the required quality criteria for the items that are approved for being passed on through BENU REUSE. Both general criteria that apply to all items and additional criteria for the individual sub-categories are set up. BENU REUSE reserves the right to change the general and additional criteria if necessary
• Excluded items: List on the www.benureuse.lu website with items that are not approved for sale through BENU REUSE. BENU REUSE reserves the right to change the list of excluded items if necessary
• Delivery fee: Fee to partially cover the costs of logistics and transport
• Website: refers to the BENU REUSE website for donating, searching for and ordering used items, which is accessible on the Internet at the following address: http://www.benureuse.lu
   

Scope
All citizens, organizations, businesses and public institutions resident or headquartered in the Grand Duchy of Luxembourg are entitled to use it.
Objects can only be picked up and delivered in the Grand Duchy of Luxembourg.
 

Registration
Registration on the website is free. Only users who are registered on the website are authorized to submit a donation or a search ad,  to order an item or submit a question about an item. Registration on the website requires that the following conditions are met in their entirety:

• The user provides a user name, first name, surname, telephone number and email address. The user further confirms that s:he has reached the age of 18 and has full legal capacity;
• The user undertakes to provide BENU REUSE with current, complete and correct information and to update it if necessary. BENU REUSE must therefore be informed of any change to the data. If this does not happen, the user is liable for the consequences.

By registering on the website, the user confirms that s:he fulfills all of the above conditions in their entirety, whereby the donor reserves the right to request any written evidence from the receiver that may provide information about his/her situation. With the validation of the modalities of the online registration, the present contractual conditions are accepted by the user without exception.
After the registration has been completed, an account is created for the registered user who has already set an email address as login and a PIN code. The user can access the account after entering his/her username and PIN code.

The login and the PIN code are absolutely personal and confidential. The user registered on the website undertakes not to pass them on to third parties. The user is solely liable and has to bear the consequences if one or more contracts are concluded by a person who uses his/her login and his/her PIN code, even if this happens without his/her knowledge.

The user undertakes to immediately notify any use of his/her login and/or PIN code by third parties as soon as s:he becomes aware of it.
The user undertakes not to create or use any other accounts besides the one originally created for themselves.

By registering, the user agrees to the general terms of use and the data protection guidelines of BENU REUSE.
 

Cookies
BENU feels expressly committed to the protection of privacy in general and private data in particular. For this reason, we only use one cookie to operate the BENU REUSE website.

A cookie is a technical file that is created on your computer at the request of the website (in this case BENU REUSE). Usually some, in some cases even numerous, cookie files are placed on your computer by websites. They can contain a lot of information, such as your name on the Internet, passwords and IDs, products and pages you have viewed and much, much more.

BENU REUSE restricts the use of cookies only to the registration on our platform, so that the platform recognizes you as long as you remain registered. As soon as you unsubscribe, the cookie created is useless and no longer contains any usable content. For this reason, BENU REUSE is not required to expressly consent to the use of cookies.
 

Conditions for donating and receiving items

Origin and functionality of the conveyed objects
BENU REUSE passes on items that were originally intended for disposal. The items are second-hand goods, even if they are in mint condition.

The original usability or characteristic properties of the objects can be completely or partially canceled. The objects are therefore no longer suitable - or merely suitable to a limited extent - for normal use, and cannot be compared with objects of the same type. They correspond in no way to the condition of new items. Objects that are being passed on have not been examined by BENU REUSE for functionality, completeness (e.g. in the case of dismantled furniture), freedom from defects, safe usability or the freedom from harmful substances.

It is up to the receiver to check every item before using it for the first time, and to have it adapted to the applicable safety standards.

The use of the item without prior inspection, possibly by specialists, can be associated with dangers for people and property or lead to further dangers, without any liability on the part of BENU REUSE or the donor. The receiver has to convince him- or herself of the condition of the respective object when ordering and receiving the item, and recognizes this by accepting the goods.
 

Liability and warranty
Some of the items show considerable wear and tear. These do not represent defects that result in a guarantee. Otherwise, liability for defects is excluded.

BENU REUSE is not obliged to replace or deliver defective items, as every item sold is a unique item. BENU REUSE is also not obliged to deliver a replacement if a donated item cannot be delivered for failing to meet expectations or the BENU REUSE criteria (see paragraph 'Criteria for the procurement of items'). Similarly, BENU REUSE is not liable if the donor withdraws the donation at short notice.

BENU REUSE gives no guarantee of functionality, freedom from defects, freedom from harmful substances, safety and completeness (e.g. with dismantled furniture), even though a compatibility test is carried out. This compatibility test entails that our BENU REUSE Team checks whether the item meets the BENU REUSE criteria which apply at the time of collection (see section ‘Criteria for the procurement of objects’). Furthermore, BENU REUSE assumes no guarantee for the correctness of the information (made available by the provider) on the original purpose and the previous treatment of a donated item.

User declarations
The donor guarantees that the donated objects do not violate public order, good morals, applicable Luxembourg law or the rights of third parties, and that they do not harm the sensibility of minors.

The donor is not allowed to donate the following items directly or indirectly via the website, while this list is by no means complete:

• Objects which, directly or indirectly, induce racism, xenophobia, anti-Semitism, racial discrimination, sexual or religious discrimination, hatred or violence;
• stolen items;
• Items of a defamatory or offensive nature or items that damage the privacy, honor or reputation of third parties;
• Items that infringe intellectual property rights (in particular counterfeit goods, forged files, pirated copies of audio or video recordings);
• Objects that do not meet the standards to which they are subject;
• Items that are excluded from being passed on due to applicable legal provisions (animal skins, ivory, alcohol ...);
• Items that are listed as "excluded items" (see section ‘Exclusion of items’);
• Objects that are not his / her sole property and/or that s:he cannot freely dispose of.

The receiver undertakes to inform BENU REUSE as soon as s:he discovers an item which is not approved for being passed on, in accordance with the above provisions.
 

Criteria for passing on objects
In principle, BENU REUSE only accepts and passes on items that are well preserved, visually appealing, clean and complete.

As a rule, BENU REUSE only passes on items which do not need to be repaired and which are suitable for immediate use. Non-functional items that are in need of repair are only passed on if the receiver is expressly looking for those via a search ad.

We only accept items that can be stowed in a van and loaded by a maximum of two people.
Disassembled or dismantled items, such as furniture, will only be accepted if the following requirements are met:

• The individual parts must be sorted and labeled.
• The donor must confirm that it is complete.
• The donor must provide a description for the assembly.

In addition, the general and additional criteria listed on the www.benureuse.lu website must be met. Items listed under “excluded items” are not passsed on. Objects can be donated or looked for via BENU REUSE if they can be assigned to the defined categories and sub-categories, and if they meet the associated quality criteria. The BENU team reserves the right to decide whether the items will indeed be passed on and presented on the website. BENU REUSE also reserves the right to adjust the quality criteria if necessary.
 

Exclusion of items
The items listed under “excluded items” are not passed on, just like any item which can be assigned to those categories that are not to be passed on via BENU REUSE. BENU REUSE reserves the right to adjust the list of “excluded items” and the list of categories that cannot be passed on whenever necessary.

In addition, the BENU REUSE team checks the quality of the item when picking them up from the donor, and decides whether or not it will be accepted and passed on. This control is carried out on the basis of the general and additional quality criteria listed on the www.benureuse.lu website. BENU REUSE reserves the right to adjust both the general and additional quality criteria if necessary.

Donate objects
If you want to donate items, select the appropriate search ad under the category in which you want to donate items and confirm it by clicking on the “I'm interested in this ad”-button. Alternatively, select the "I am publishing a donation"-button.

The following information must be entered in the input mask:

• The donor selects a category and sub-category in which the item is to be donated;
• The donor formulates the title of the item on donate and uploads meaningful photos;
• The donor confirms that the item meets the quality criteria of the relevant category;
• The donor adds information on the donated item under "Details" ;
• If the desired pick-up address differs from the address given when registering, or if no address was given when registering, the current pick-up address must be given;
• The donor also declares whether the item has to be dismantled prior to transport, whether any necessary dismantling will be carried out by him/her and whether BENU REUSE will be commissioned with the dismantling.

After checking this information, the donor confirms the donation by clicking on the “I am sending my donation” icon.
The donor receives confirmation of receipt from BENU REUSE by email. A confirmation e-mail will follow within 2 working days, explaining whether the donation will be accepted or rejected, and whether missing information needs to be added.

BENU REUSE reserves the right to refuse a donation if the necessary criteria are not met (see paragraphs "Criteria for passing on objects" and "Exclusion of objects"). If the information relating to the donation is not sufficient, the donor is required to provide the missing relevant information and, for example, to add a description or pictures.

The accepted donation is then presented on the website with pictures and a description. Neither the name, nor address, email address or telephone number of the donor will be published. During the first 48 hours after a donation has been published on the website, it will be marked with “48”. A special allocation rule applies during this period (see paragraph ‘Ordering items’).

The presentation of the donation is limited in time to three months. It will be removed from the website if the items have successfully been passed on, or when the donor cancels the donation in his/her account under “My donation”. After three months, the donor will be asked via email whether the ad should be extended. The donor can confirm this in his/her account under “My donation”. If there is no response from the donor, the donation will be automatically removed from the website.

Donated items will only be picked up from the provider if a receiver has been identified. Interim storage at BENU REUSE is excluded. As soon as the receiver has been identified, BENU REUSE will contact the donor to arrange the time of collection.

Ordering items
If you want to order an item, select it on the website, confirm by clicking on the “I'm interested in this ad”-button and enter the following information in the input mask:

• If the desired delivery address differs from the address given during registration, or if no address was given during registration, the current delivery address must be given;
• If the item has to be dismantled prior to transport, the receiver declares whether the necessary assembly will be carried out by him/her or whether BENU REUSE will be commissioned with the assembly;
• If the receiver is entitled to a reduced delivery fee, s:he can provide the relevant information here or update it. In order to claim a discount as a student or as a non-profit organization, corresponding proof must be uploaded.

After checking this information, the receiver confirms the order by clicking on the “I confirm”-button.
The receiver will be given a confirmation of receipt from BENU REUSE by email. The order will be confirmed by email within 2 working days. This contains all useful information to describe the item and - for receivers who are obliged to pay - the payment request.

After receipt of payment of the delivery fee and the expiry of the cancellation period, the receiver will be contacted by BENU REUSE via email or telephone to agree on the time of delivery.
 

Special allocation rule within the first 48 hours after an item has been published on benureuse.lu
Within the first 48 hours after a donation has been published on benureuse.lu, it will be marked with “48”. If within this period of 48 hours several receivers would like to order the donated item, the item will be awarded according to the following criteria:

• the number of items of the same type that have already been conveyed to the respective interested party;
• the number of objects of a different kind that have already been conveyed to the respective interested party;
• the chronological order of the order.

This means that the person who has previously received a corresponding item of the same type or other items of a different type less often than the other interested party will receive the donated item. If several people are to be rated equally, the contract will be awarded to the person who first registered his/her interest in the donated item.
The person who receives the contract after the first 48 hours have passed will be notified by email. The e-mail contains all useful information, such as the description of the ordered item and - in the case of receivers who are obliged to pay - the payment request. Interested parties that have not been accepted will be informed of the reason for their rejection via email.

If no interested party voices his/her interest within the first 48 hours after a donation has been published on the website, the “48h” mark will be removed. From this point on, the item will be passed on to the first interested person - regardless of how many items of any kind s:he has already received.

Searching for items
A receiver who is looking for items that are not donated on the website can post a search advertisement. S:he confirms this by clicking on the “I'm publishing a search ad”-icon.

The following information must be entered in the input mask:

• The receiver selects a category and sub-category in which the item is to be searched;
• The receiver formulates the title of the item and explains whether it is required once or several times;
• The receiver can upload pictures of a comparable object;
• S:he confirms that the searched item meets the quality criteria of the relevant category;
• The receiver provides information on the item under "Details";
• If the desired delivery address differs from the address given during registration, or if no address was given during registration, the current delivery address must be given;
• If the receiver is entitled to a reduction in the delivery fee, s:he can provide the relevant information here or update it. In order to claim a discount as a student or as a non-profit organization, corresponding proof must be uploaded.

After checking this information, the receiver confirms the search ad by clicking on the “Submit search advertisement”-icon.
The receiver will be given a confirmation of receipt from BENU REUSE by email. A confirmation e-mail will follow within 2 working days, explaining whether the search ad will be accepted or rejected, and whether missing information needs to be added.

BENU REUSE reserves the right to refuse a search ad if the necessary criteria are not met (see paragraphs ‘Criteria for the mediation of objects’ and schluss Exclusion of objects ’). If the information in the search ad is not sufficient, the receiver will be asked to complete the information.

The accepted search advertisement is presented on the website with a description and, if applicable, pictures. Neither the name, nor the address, e-mail address or telephone number of the receiver will be published.
The presentation of the search ad is limited to three months. It will be removed from the website if a one-time requested item has been passed on, or if the donor cancels the search ad in his/her account under “My search advertisements”. After three months, an email will be sent to the receiver to ask whether the search ad should be extended. If there is no response from the receiver, the donation will be automatically removed from the website.

If a donation is identified that matches the search ad, the receiver will be notified by email. This contains all useful information for the description of the donated item and, in the case of receivers who are obliged to pay, the request for payment.

The receiver can accept the donation within a period of 5 days after receiving the confirmation email. If a delivery fee is due, a transfer or payment within 5 days is sufficient. If the receiver is exempt from a delivery fee, the donation must be accepted within 5 days by confirming it in the account under "My search ads". If one doesn't like the donation, it can also be declined in the account under "My Search Ads".

In order to facilitate this process, the confirmation e-mail receives a direct link to the corresponding search ad in the receiver's account.

If BENU REUSE does not receive a message from the receiver after 5 days, or if the delivery fee is not credited to BENU REUSE's account, the item will be released again. It is then donated to another interested party.
After the receiver has accepted the donation, paid the delivery fee and the withdrawal period has expired, s:he will be contacted by BENU REUSE to agree on the time of delivery.

Contact between donor and receiver
BENU REUSE takes on the passing on and transportation of the items from donor to receiver. There is no provision for direct contact between donor and receiver.

An interested receiver can use an anonymous chat function on the website to contact the donor for questions about the item. Likewise, a donor can also contact a receiver in relation to a desired item.

In order to communicate via the chat function, the user must be logged in on the website. The chat function is managed by BENU REUSE. The donor (in the case of a donation) and receiver (in the case of a search query) both undertake to respond immediately by email to inquiries that are sent to them by BENU REUSE by email. Questions and answers are published in the chat function under the user names of the users.

Right of withdrawal and deadline 
An order can be canceled within a period of 5 days after receipt of the confirmation e-mail. The cancellation must be made in the account under “My orders”. After this period has expired, acceptance of the ordered item is binding. The receiver can request the fastest possible delivery by waiving the above-mentioned cancellation period of 5 days. The respective option can be selected by the receiver in the account under “My orders/Payment”.

An order for an item that is offered to a receiver on the basis of a search ad will automatically be created in the account of the receiver. At the same time, the receiver will be sent an email with all useful information to describe the offered item. The receiver can accept or reject the offer by email during a period of 5 days. If BENU REUSE does not receive a confirmation from the receiver after 5 days, the order will become invalid. If the receiver accepts the offered item, s:he will receive a confirmation of the order by email. From this moment on, the above-mentioned conditions and deadlines for the right of withdrawal apply.

Collection and delivery
After receipt of payment of the delivery fee and the expiry of the cancellation period, BENU REUSE will contact both the donor and receiver by email or telephone to agree on the time of collection or delivery. At the specified time of collection, the items must be ready for transport. BENU REUSE picks up the items from the provider and delivers them to the receiver without any intermediate storage.

The items are picked up and delivered free to the curb.
BENU REUSE endeavors to deliver the items within one week of receipt of payment and expiry of the cancellation period. For logistical reasons, e.g. to optimize the transport routes, longer delivery times may occur in individual cases.

The receiver can request a faster delivery by waiving his/her right of withdrawal. To do this, the receiver selects in the corresponding option in the account under “My orders” or “My search ads”.

In order to facilitate these processes, the confirmation e-mail receives a direct link to the corresponding order or search ad in the receiver's account.
 

Cost and payment
The items are passed on free of charge, i.e. the donor does not receive any payment from the receiver for the item.

Collection is free for the donor. The delivery fee is borne by the receiver. It amounts to 10 euros per ordered item and goes to BENU REUSE to partially cover the costs for logistics and transport. Students are granted a reduction of 5 euros on the delivery fee. Non-profit organizations are exempt from the delivery fee. In order to claim a discount, a corresponding proof must be uploaded to the website.

Both when passing on an item on the basis of a search advertisement and when ordering online, the receiver will be given the payment request with the confirmation email.

Payment is made by DigiCash, on account or by credit card (Visa, Mastercard, Paypal) in accordance with the general conditions of the SSL payment system. The receiver can pay online as well. For this purpose, s:he receives a direct link with the confirmation email, leading to the online payment function on www.benureuse.lu.
 

Refund of the delivery fee
Delivery fees that have already been paid will be reimbursed as soon as possible by BENU REUSE to the receiver - thirty days after the date of revocation at the latest, if:

• an order or a donation accepted by him/her is being canceled in due time;
• a donor withdraws from a donation at short notice and the ordered item cannot be delivered;
• an ordered item could not be delivered for failing to meet BENU REUSE's criteria and was therefore rejected when being picked up from the provider .

Delivery fees that have already been paid will not be reimbursed if:

• an item is rejected by the receiver after the applicable withdrawal period has expired;
• the delivery address is incorrect or valid;
• no one is present to receive the item at the time of delivery

Additional services
If any additional services are required from BENU REUSE, such as the dismantling or assembly of a piece of furniture, or the transport between the curb and the apartment door, BENU REUSE must be notified in advance and commissioned. The assignment takes place within the framework of the online order, the online donation submission or via e-mail to the following email address: info@benureuse.lu. Additional services are charged at € 60 per working hour with 2 people. Every quarter of an hour or part thereof is charged.

The receiver bears the costs of the additional services.
Payment is made on site with a bank card (V-Pay, VISA, Mastercard), DigiCash or on account.

Refund policy
The return of an item to either BENU REUSE or the provider is not possible after the receiver has accepted it.
 

Other provisions

Ancillary agreements that go beyond the content or scope of the terms of use must be made in writing.

Should any provision of these terms of use be or become ineffective, this shall not affect the effectiveness of the remaining terms and conditions.