General terms and conditions of sale

TERMS AND CONDITIONS OF SALE

Version effective as of 16 June 2026
Last updated: 16 June 2026

Nomatic Fresh
Operated by Nomatic Luxembourg S.à r.l.
Luxembourg Trade Register (RCS): B270084
VAT Number: LU34173160
Registered Office: 8 rue des Mérovingiens, L-8070 Bertrange, Luxembourg
Website: www.nomatic.lu
E-mail: info@nomatic.lu
Telephone: +352 661 663 332

1. COMPANY IDENTIFICATION

These Terms and Conditions of Sale (hereinafter the "Terms") govern all sales of products and services carried out by Nomatic Luxembourg S.à r.l.

Nomatic Luxembourg S.à r.l. operates notably under the following commercial brands:

  • Nomatic Fresh: online supermarket offering food products, beverages, fresh products, frozen products, household goods, hygiene products and alcoholic beverages.
  • Nomatic Logistics: warehousing, order preparation, logistics, handling, distribution and transportation services.

2. SCOPE OF APPLICATION

These Terms apply to all orders placed on www.nomatic.lu, on mobile applications operated by Nomatic Luxembourg S.à r.l., and on authorized partner platforms.

They also apply to services provided under the Nomatic Logistics brand.

Any order implies full and unconditional acceptance of these Terms.

3. LEGAL BASIS

These Terms are established in accordance with:

  • Luxembourg Consumer Code;
  • Directive 2011/83/EU on Consumer Rights;
  • Regulation (EU) 2016/679 (GDPR);
  • Directive (EU) 2019/2161 (Omnibus Directive);
  • Luxembourg Law of 14 August 2000 on Electronic Commerce;
  • Luxembourg Law of 18 April 2004 on Late Payments;
  • Applicable European e-commerce regulations.

4. DEFINITIONS

  • Customer: any natural or legal person using Nomatic services.
  • Consumer: any natural person acting for non-professional purposes.
  • Business Customer: any person acting within the scope of business activities.
  • Products: all goods sold by Nomatic Fresh.
  • Services: all services provided by Nomatic Logistics.
  • Order: any transaction validated by the customer.

5. CUSTOMER ACCOUNT

Creating an account may be required to access certain services.

Customers warrant that all information provided is accurate and up to date.

Customers remain solely responsible for maintaining the confidentiality of their login credentials.

6. ACCOUNT SUSPENSION AND TERMINATION

Nomatic Luxembourg S.à r.l. may suspend or terminate an account in cases including:

  • fraud or attempted fraud;
  • misuse of services;
  • unpaid invoices;
  • breach of these Terms;
  • conduct harmful to the company or its partners.

7. PRODUCTS AND SERVICES

Nomatic Fresh markets:

  • food products;
  • fruit and vegetables;
  • fresh products;
  • frozen products;
  • beverages;
  • alcoholic beverages;
  • household products;
  • hygiene products;
  • everyday consumer goods.

8. PRODUCT AVAILABILITY

Products are offered subject to stock availability.

9. FORMATION OF THE CONTRACT

The contract is deemed concluded once the order confirmation has been sent to the customer.

10. PRICES AND PAYMENT

Prices are expressed in euros. Consumer prices include applicable VAT unless otherwise stated.

11. RETENTION OF TITLE

In accordance with applicable laws, all products delivered remain the exclusive property of Nomatic Luxembourg S.à r.l. until full payment of all amounts due has been received.

In the event of non-payment, Nomatic Luxembourg S.à r.l. reserves the right to reclaim the products delivered, without prejudice to any other legal remedies available.

12. DELIVERY

Nomatic Fresh delivers products throughout Luxembourg and to other European destinations available on the platform at the time of ordering.

Deliveries may be carried out directly by Nomatic Luxembourg S.à r.l. or through authorized logistics partners.

Delivery times displayed on the website are indicative only and do not constitute a contractual guarantee unless expressly agreed otherwise in writing.

Nomatic Luxembourg S.à r.l. shall not be liable for delays caused by events beyond its reasonable control, including weather conditions, transport disruptions, customs controls, strikes, technical failures or force majeure events.

13. DELIVERY ADDRESS

Customers are responsible for ensuring that delivery information provided at checkout is complete and accurate.

Any additional costs resulting from incorrect or incomplete delivery information may be charged to the customer.

If the recipient is unavailable at the time of delivery, the shipment may be redelivered, deposited according to instructions provided or returned, depending on the circumstances and carrier policies.

14. RECEIPT OF PRODUCTS

Customers must inspect products upon delivery.

Any visible damage, missing items, packaging defects or preparation errors must be reported within forty-eight (48) hours following delivery.

After this period, deliveries shall be deemed accepted unless the customer provides evidence to the contrary.

15. FRESH, CHILLED AND FROZEN PRODUCTS

Fresh, chilled and frozen products require appropriate storage conditions.

Responsibility for maintaining proper storage conditions transfers to the customer immediately upon delivery.

Nomatic Fresh shall not be liable for any deterioration resulting from improper storage, handling or interruption of the cold chain after delivery.

16. SALE OF ALCOHOLIC BEVERAGES

Alcoholic beverages may only be purchased by persons who have reached the legal drinking age applicable in their country of residence.

By placing an order containing alcoholic beverages, the customer confirms that they meet the applicable legal age requirements.

Nomatic Luxembourg S.à r.l. and its delivery partners reserve the right to request valid identification before handing over alcoholic products.

Delivery may be refused if there is reasonable doubt regarding the recipient's age.

17. GIFT CARDS

Nomatic Fresh may offer physical or electronic gift cards.

Gift cards may only be used under the conditions communicated at the time of purchase or issuance.

Unless otherwise stated, gift cards:

  • are non-refundable;
  • cannot be exchanged for cash;
  • do not accrue interest;
  • may not be resold without prior written authorization.

18. LOYALTY PROGRAMME

Nomatic Fresh may operate a loyalty programme allowing customers to collect points, rewards, credits or discounts.

Loyalty benefits have no cash value and may not be exchanged for money.

Nomatic Luxembourg S.à r.l. reserves the right to modify, suspend or terminate the loyalty programme at any time.

19. NOMATIC LOGISTICS SERVICES

Under the trade name Nomatic Logistics, Nomatic Luxembourg S.à r.l. may provide warehousing, storage, logistics, order preparation, transportation, handling and distribution services.

Such services may be provided to both consumers and business customers depending on the agreed scope of work.

20. STORAGE AND WAREHOUSING

When goods are entrusted to Nomatic Logistics for storage or warehousing purposes, the customer warrants that it has all necessary rights and authorizations relating to such goods.

The customer remains responsible for the legality, compliance and insurance of stored goods unless otherwise agreed in writing.

Nomatic Luxembourg S.à r.l. reserves the right to refuse dangerous, prohibited, illegal or unsuitable goods.

21. RIGHT OF WITHDRAWAL

In accordance with the Luxembourg Consumer Code and Directive 2011/83/EU on Consumer Rights, consumers have the right to withdraw from a distance purchase contract within fourteen (14) calendar days without giving any reason.

The withdrawal period begins on the day the consumer or a third party designated by the consumer receives the products.

To exercise the right of withdrawal, the customer must send a clear statement by e-mail to info@nomatic.lu or by any other means allowing proof of communication.

22. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

In accordance with applicable Luxembourg and European legislation, the right of withdrawal does not apply to:

  • perishable goods or products likely to deteriorate rapidly;
  • fresh products;
  • fruit and vegetables;
  • refrigerated products;
  • frozen products;
  • custom-made or personalized products;
  • sealed goods which are not suitable for return for health protection or hygiene reasons once unsealed;
  • services fully performed with the consumer's prior consent.

23. PRODUCT RETURNS

Returns must be authorized in advance by Nomatic Luxembourg S.à r.l.

Returned products must be complete, unused, in their original condition and packaging, and suitable for resale.

Unless otherwise required by law, return shipping costs shall be borne by the customer.

24. REFUNDS

Where a refund is due, it shall be processed using the same payment method originally used by the customer unless otherwise agreed.

Refunds shall be made within the legal deadlines after verification of the returned products or validation of the customer's request.

Nomatic Luxembourg S.à r.l. may postpone reimbursement until the returned goods have been received or proof of return has been provided.

25. LEGAL WARRANTY OF CONFORMITY

Consumers benefit from all mandatory legal warranties provided under Luxembourg and European law.

Where a product is not in conformity with the contract, the consumer may request repair, replacement, price reduction or termination of the contract in accordance with applicable law.

Legal warranties apply independently of any commercial warranty that may be offered.

26. WARRANTIES FOR BUSINESS CUSTOMERS

Business customers must inspect products immediately upon receipt.

Any complaint regarding visible defects must be submitted within five (5) business days after delivery.

Failing such notification, the products shall be deemed accepted and compliant.

27. CLAIMS

Any complaint may be submitted to:

Nomatic Luxembourg S.à r.l.
8 rue des Mérovingiens
L-8070 Bertrange
Luxembourg
E-mail: info@nomatic.lu

Customers shall provide all information reasonably necessary to investigate the complaint, including photographs, invoices and supporting documentation where applicable.

28. LIABILITY

Nomatic Luxembourg S.à r.l. is subject to an obligation of means and shall exercise reasonable care in the performance of its obligations.

To the maximum extent permitted by law, Nomatic Luxembourg S.à r.l. shall only be liable for direct and foreseeable damages resulting from a proven fault.

Nomatic Luxembourg S.à r.l. shall not be liable for indirect damages, loss of profits, loss of revenue, loss of business, loss of opportunity, loss of goodwill or loss of data.

29. LOGISTICS LIABILITY

For services provided under the Nomatic Logistics brand, liability shall, except in cases of gross negligence or wilful misconduct, be limited to the amount invoiced for the relevant service.

Customers remain responsible for the legality, compliance, packaging and insurance of goods entrusted to Nomatic Logistics.

30. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform resulting from circumstances beyond its reasonable control.

Force majeure events include, but are not limited to, natural disasters, pandemics, wars, strikes, cyberattacks, major technical failures, governmental restrictions, transportation disruptions and other unforeseeable events.

31. PERSONAL DATA PROTECTION

Nomatic Luxembourg S.à r.l. collects and processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), applicable Luxembourg legislation and its Privacy Policy.

Personal data may be processed for purposes including:

  • order management;
  • delivery of products;
  • billing and accounting;
  • customer account management;
  • fraud prevention;
  • customer support;
  • service improvement;
  • compliance with legal obligations;
  • marketing communications where permitted by law.

Customers have the right to access, rectify, erase, restrict processing, object to processing and request portability of their personal data in accordance with the GDPR.

32. DATA RETENTION

Personal data shall be retained only for as long as necessary to achieve the purposes for which it was collected and to comply with legal, accounting, tax and regulatory obligations.

Certain data may be retained for longer periods where required by law or necessary for the establishment, exercise or defence of legal claims.

33. COOKIES AND SIMILAR TECHNOLOGIES

The website www.nomatic.lu uses cookies and similar technologies to ensure proper functionality, improve user experience, analyse website performance and provide certain personalised services.

Users may manage cookie preferences through the website's cookie management tools or through their browser settings.

34. ELECTRONIC COMMUNICATIONS

By using the services of Nomatic Luxembourg S.à r.l., customers agree to receive electronic communications relating to their orders, invoices, accounts, services and contractual obligations.

Such communications may be sent by e-mail, SMS, mobile notification or any other appropriate electronic means.

35. SYSTEM SECURITY

Customers shall not interfere with, damage or attempt to gain unauthorized access to the websites, applications, logistics infrastructure, databases or information systems operated by Nomatic Luxembourg S.à r.l.

Any attempt to compromise the security or integrity of the company's systems may result in immediate suspension of services and legal action.

36. INTELLECTUAL PROPERTY

All content made available by Nomatic Luxembourg S.à r.l., including but not limited to trademarks, logos, texts, images, graphics, databases, software, videos, product catalogues and website content, is protected by applicable intellectual property laws.

Any unauthorized reproduction, distribution, modification, extraction or use of such content is strictly prohibited.

37. FRAUD PREVENTION

Nomatic Luxembourg S.à r.l. reserves the right to perform verification procedures regarding customer accounts, orders and payment transactions.

Orders suspected of fraud may be delayed, suspended, cancelled or subject to additional verification requirements.

Information relating to fraudulent activities may be retained and communicated to competent authorities where legally permitted.

38. SERVICE SUSPENSION

Nomatic Luxembourg S.à r.l. may temporarily suspend all or part of its services for maintenance, technical, operational, security, legal or regulatory reasons.

Whenever reasonably possible, customers will be informed in advance of planned interruptions.

39. MODIFICATION OF THE TERMS AND CONDITIONS

Nomatic Luxembourg S.à r.l. reserves the right to amend these Terms and Conditions of Sale at any time in order to reflect changes in its activities, services, legal requirements or regulatory obligations.

The applicable version shall be the version published on the website on the date the order is placed.

Current version: 16 June 2026.

40. PARTIAL INVALIDITY

If any provision of these Terms is held to be invalid, unlawful or unenforceable by a competent court, the remaining provisions shall remain in full force and effect.

The invalid provision shall be replaced by a valid provision that most closely reflects the original economic and legal intent.

41. GOVERNING LAW

These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg.

Where the customer is a consumer residing in another Member State of the European Union, mandatory consumer protection provisions applicable in the consumer's country of residence shall remain unaffected.

The Luxembourg Consumer Code and all applicable European regulations concerning e-commerce, distance selling and consumer protection shall apply where relevant.

42. AMICABLE DISPUTE RESOLUTION

In the event of any dispute, the parties agree to seek an amicable resolution before initiating legal proceedings.

Customers are encouraged to contact Nomatic Luxembourg S.à r.l. in writing and provide all relevant information regarding the issue in order to facilitate a prompt resolution.

Nomatic Luxembourg S.à r.l. will make reasonable efforts to respond and resolve disputes within an appropriate timeframe.

43. CONSUMER MEDIATION

Where a dispute cannot be resolved directly between the parties, consumers may use available alternative dispute resolution mechanisms in accordance with Luxembourg and European legislation.

The use of mediation procedures remains voluntary unless otherwise required by applicable law.

44. COMPETENT COURTS

For business customers, any dispute relating to the validity, interpretation, performance or termination of these Terms shall fall within the exclusive jurisdiction of the courts of the Grand Duchy of Luxembourg.

For consumers, jurisdiction shall be determined in accordance with the mandatory provisions of Luxembourg and European law.

45. CONTRACT LANGUAGE

These Terms and Conditions of Sale are drafted in French and English.

In the event of discrepancies, inconsistencies or differences of interpretation between language versions, the French version shall prevail unless mandatory legal provisions provide otherwise.

46. ENTIRE AGREEMENT

These Terms and Conditions of Sale constitute the entire agreement between the customer and Nomatic Luxembourg S.à r.l. concerning the products and services covered herein.

They supersede any previous versions, communications, proposals or agreements relating to the same subject matter unless otherwise agreed in writing.

47. NO WAIVER

Failure by Nomatic Luxembourg S.à r.l. to enforce any provision of these Terms shall not constitute a waiver of its rights under such provision.

Any waiver shall only be effective if expressly made in writing by an authorized representative of Nomatic Luxembourg S.à r.l.

48. CONTACT INFORMATION

For any questions relating to these Terms and Conditions of Sale, customers may contact:

Nomatic Luxembourg S.à r.l.
8 rue des Mérovingiens
L-8070 Bertrange
Grand Duchy of Luxembourg

Luxembourg Trade Register (RCS): B270084
VAT Number: LU34173160

Website: www.nomatic.lu
E-mail: info@nomatic.lu
Telephone: +352 661 663 332

49. EFFECTIVE DATE

These Terms and Conditions of Sale entered into force on 16 June 2026.

They shall remain applicable until replaced by a subsequent version officially published by Nomatic Luxembourg S.à r.l.

50. OFFICIAL PUBLICATION

These Terms and Conditions of Sale are officially published on the Nomatic Fresh website available at www.nomatic.lu.

Any order placed with Nomatic Luxembourg S.à r.l. constitutes full, complete and unconditional acceptance of these Terms and Conditions of Sale.

END OF TERMS AND CONDITIONS OF SALE

Version dated 16 June 2026