General Terms & Conditions

General Terms & Conditions

Egency Sàrl Last updated: July 7, 2025

1. Legal Notice and Scope

These General Terms and Conditions (hereinafter the “GTCs”) govern the contractual relationship between: Egency Sàrl Registered Address: 17, Allée Louis Ackermann, L-1897 Kockelscheuer, Luxembourg RCS Luxembourg: B2662025 Email: contact@egency.eu Website: https://egency.eu and any natural or legal person (hereinafter “Customer”, “you”, or “your”) who places an order for or subscribes to the services provided by Egency Sàrl, particularly pre-installed WooCommerce-based e-commerce packages.

2. Services Offered

Egency provides hosted, pre-configured e-commerce solutions based on WordPress and WooCommerce, including technical support, maintenance, and optional POS integration. 2.1 Packages

• Basic Package – €40.90/month (no VAT) Includes: Pre-installed shop, features as described on the product section of the website, hosting, support, maintenance.
• Pro Package (with POS) – €94.90/month (no VAT) Includes: All Basic features plus POS functionality and support.

Prices may change, the prices indicated on the website are the right prices. 2.2 Annual Subscription Available for both packages with a 10% discount, billed upfront. No partial refunds for early cancellation.

3. Ordering and Contract Formation

Orders are placed via the website https://egency.eu. The contract is concluded upon receipt of full payment and confirmation of order. Egency reserves the right to decline orders for legitimate reasons including technical constraints, misuse, or suspected fraud or even without reason.

4. Payment Terms

4.1. Accepted Payment Methods

• Credit card via Stripe (secure online processor)
• Bank transfer (details provided upon checkout)

Orders will only be fulfilled after full payment has been received. 4.2. Invoicing and Payment Schedule

• Monthly: Paid in advance
• Yearly: Paid in full upon subscription
• Prices are net (no VAT charged as per applicable regulations)

Invoices are issued electronically. All invoices have to be paid upfront.

5. Right of Withdrawal (Consumers Only)

Consumers (not businesses) have a right to withdraw within 14 days, as per EU Directive 2011/83/EU. However, by ordering and confirming the immediate start of services, the right of withdrawal is waived under Article 16(m) of the Directive, and Article L.222-9 of the Luxembourg Consumer Code.

6. Cancellation and Termination

• Monthly: Cancel any time before the next billing cycle. No refund for the current month. Services will remain active until the end of the last paid period.
• Yearly: Cancel anytime. No refunds for unused months. Services will remain active until the end of the paid period.

Cancellations must be made through your dashboard or via contact@egency.eu.

7. Customer Responsibilities

7.1. Account Security You are responsible for keeping your login credentials secure. 7.2. Content Compliance All content, products, services, and media uploaded or published via your Egency-powered shop remains entirely your responsibility. By using our services, you warrant that:

• Your content complies with applicable laws and regulations, including but not limited to EU law, Luxembourg commercial law, consumer protection, copyright, and data protection laws.
• You will not host or distribute unlawful, harmful, misleading, defamatory, or infringing content.

Egency assumes no liability for the content hosted or sold through your e-commerce site.

8. Service Access and Suspension

Egency strives to maintain high service availability. However, we may perform maintenance and updates without prior notice. Egency reserves the right to suspend or permanently close any customer account or shop at its sole discretion, with or without prior notice, particularly in cases of:

• Violation of these GTCs
• Use of services for illegal purposes
• Security concerns
• Non-payment

9. Liability Limitation

Egency is not liable for:

• Indirect, incidental, or consequential damages
• Customer losses due to business interruption
• Third-party service failures (e.g. hosting, payment gateways)
• Loss of data unless caused by Egency’s gross negligence

Our total liability is capped at the total amount paid by the Customer in the last 12 months.

10. Intellectual Property

All platform components, software, designs and configurations remain the intellectual property of Egency. The content uploaded by the Customer remains the sole property and legal responsibility of the Customer.

11. Customer Accounts and WordPress Access

11.1. Account Access Upon successful registration and activation of the subscription, every Customer will receive:

• Access to their Egency customer portal (for billing, subscription, and support)
• Full admin access to their individual WordPress back office, configured with their specific e-commerce package

This includes access to:

• WooCommerce plugin and order management
• Installed and configured plugins and themes
• Reports, analytics, payment configurations, and product setup tools
• File management, page builders (if included), and optional POS modules (if applicable)

11.2. Responsibility for Access Credentials The Customer is solely responsible for maintaining the confidentiality and security of all login credentials (Egency and WordPress). Sharing credentials with third parties, agencies, freelancers, or others is strictly prohibited, unless explicitly agreed in writing by Egency. If unauthorized access is detected or suspected, the Customer must inform Egency immediately via contact@egency.eu, via the form on the website or the support possibilities in the customers backend. Egency disclaims any liability for damages resulting from unauthorized access due to negligence, credential sharing, or poor password practices by the Customer.

12. Backups and Data Responsibility

Egency provides integrated tools and technical features that enable the Customer to create and manage backups of their e-commerce store, including website files, databases, and content. However, the Customer remains solely and fully responsible for:

• Performing and verifying backups at appropriate intervals;
• Downloading, storing, and securing their backup data;
• Restoring data when necessary.

Egency does not guarantee that automatic or system-level backups will be available, complete, or up to date at any given time. Egency shall not be liable for any loss of data resulting from the Customer’s failure to initiate or manage their own backups. It is the Customer’s duty to maintain regular and secure backups, especially before making changes to the site, installing plugins, or modifying content.

13. Non-Payment and Debt Recovery

In the event of non-payment, partial payment, chargeback, or failed transaction, Egency Sàrl reserves the right to:

1. Immediately suspend or terminate access to all services, including hosting, technical support, and access to the Customer’s e-commerce website and WordPress environment;
2. Issue reminders and late payment notices, and apply legal late interest in accordance with applicable Luxembourg commercial law (Law of 18 April 2004 transposing Directive 2000/35/EC);
3. Initiate formal debt recovery procedures, including judicial collection and enforcement, for the full outstanding balance, along with any applicable interest, legal fees, and collection costs.

Egency retains the right to recover any losses resulting from Customer breaches of payment obligations. Service reactivation is possible only after full settlement of all outstanding invoices and applicable charges. Egency may charge fees for the reactivation of suspended account.

14. Account Deletion and Data Retention

In the event of cancellation or suspension of a Customer’s account, Egency Sàrl will retain the associated data (including website files, configurations, and content) for a period of 60 calendar days from the date of written notification of suspension or deletion. After this period, the account and all associated data will be permanently deleted without further notice. This includes:

• Website content and settings
• Customer and order data
• Plugin configurations and backups

The Customer is solely responsible for exporting or saving any data during this retention period. No recovery will be possible after final deletion, and Egency shall not be held liable for any resulting loss.

15. Data Protection

We process personal data in accordance with the General Data Protection Regulation (GDPR) and our Privacy Policies. Customers are solely responsible for the privacy compliance of their shops, including cookie banners and legal pages.

16. Changes to the GTCs

Egency may update these GTCs to reflect legal, operational, or technical changes. You will be notified via dashboard, email, or both. If you continue using the service after the update, it is deemed accepted.

17. Force Majeure

Egency Sàrl shall not be held liable for any failure or delay in the performance of its obligations under these Terms and Conditions if such failure or delay results from events beyond its reasonable control, including but not limited to:

• natural disasters (e.g. floods, storms, earthquakes),
• acts of war, terrorism, or civil unrest,
• strikes or labor disputes,
• epidemics or pandemics,
• governmental actions or restrictions,
• interruptions in power supply, internet, hosting infrastructure, or third-party services.

In such cases, Egency’s obligations shall be suspended for the duration of the event. If the force majeure event continues for more than 30 consecutive days, either party may terminate the agreement in writing without any liability for compensation.

18. Limitation of Liability

To the fullest extent permitted by applicable law, Egency Sàrl, including its managers, directors, shareholders, employees, contractors, affiliates, and partners, shall not be held liable for any direct, indirect, incidental, consequential, special or punitive damages, including but not limited to:

• loss of profits, revenue, customers, or business opportunities,
• data loss or corruption,
• interruption of business,
• damages resulting from the use of or inability to use the services,
• or damages caused by third-party service providers (e.g. hosting, plugins, payment processors),

even if Egency has been advised of the possibility of such damages. This limitation of liability applies regardless of the legal theory, whether in contract, tort (including negligence), strict liability, or otherwise. Your sole and exclusive remedy for any dissatisfaction with the service is to stop using the service.

19. Applicable Law and Jurisdiction

These GTCs are governed by the laws of the Grand Duchy of Luxembourg. The exclusive jurisdiction lies with the Courts of Luxembourg-City, unless another jurisdiction is mandated by applicable consumer law.

20. Contact

Email: contact@egency.eu Contact form: https://egency.eu/contact-us/ Egency Sàrl, 17, Allée Louis Ackermann, L-1897 Kockelscheuer, Luxembourg