The gAlarm leasing contract is between two parties: the Customer and the Service Provider. Together and after signature, they agree on the following:
1. Contractual object
The object of this leasing contract (rental) is the rental of the designated equipment (hereinafter the "Products") to the Customer in one or more buildings (hereinafter the "Property") in accordance with the specifications and indications of this contract concluded between the Customer and the Service Provider for a contractually fixed period.
The monthly rent includes value added tax. In the event of an upward or downward change in the VAT rate, the Provider has the genuine right to adjust the monthly rent.
The rent includes only and exclusively the delivery, installation, commissioning, annual maintenance and explanations of use of the Products. The annual maintenance includes a functional check, a visual check, a check of the detectors, an external cleaning of the Products, a replacement of defective parts not related to external damage and a replacement of the batteries. However, beyond 30 alarm activations per full year from the date of order, the Service Provider cannot guarantee the replacement of defective parts, batteries and the related labour. In this case, the defective parts, batteries and intervention will be invoiced to the Client.
Not included in the rent in particular:
The cost of a possible repeater. If the configuration of the house causes disturbances on the reception of the installation's radio signals, it will be recommended to you to be equipped with a repeater amplifier for the alarm signal. If the detectors and other components are too far away from the control panel, we cannot guarantee that your system will work perfectly. This device allows you to repeat and amplify the radio signal between the different elements of your wireless alarm.
The intervention of a technician for further explanations on how the system works after delivery,
Costs relating to further subscriptions necessary for the operation of the Products. The Central requires a stable Ethernet (wired) or Wi-Fi connection. If this is not the case, a subscription on a SIM card - 4G will be required. We also recommend the use of a SIM - 4G card in order to have a more secure connection which is independent from the electrical network,
Repair costs not chargeable to the Service Provider.
The rent is payable as specified by the Customer during the online configuration on the galarm.lu website. The payment of the rent is made online by credit card and directly debited every month. The Service Provider may, at the Customer's request, authorise a SEPA direct debit.
The Service Provider will issue a monthly invoice that the Client can consult, print or save from the my.genista.lu portal.
4. Sending the contract to the Client
This contract will be sent to the Customer’s at the e-mail address which was provided by the Customer at the time of the conclusion of the contract.
5. Right of withdrawal
The Customer has a right to withdraw from the contract within 14 calendar days. If the last day is a non-working day, the withdrawal period is extended to the next working day. The withdrawal period begins on the day of conclusion of the contract.
6. Customer's complaint
Any complaints by the Client should be addressed to the Service Provider as follows:
Genista S.à r.l.
1, Op de Leemen | L-5846 Fentange | Luxembourg
Telephone: +352 406 406-1
7. Terms and conditions of use
10.1 Choice of products
The Customer has the right, according to his needs, to increase the different quantities of the Products. The Products and rents will be adapted accordingly.
10.2 Ownership of the Products / Transfer of risk
The Products are and shall remain the exclusive property of the Service Provider. It is accepted by the Parties that the Products can never become immovable by destination or incorporation and become the property of the Client or the owner of the Property. Lending or subletting the Products is strictly prohibited.
As the Client or the owner of the Property has custody of the Products, the Client or the owner of the Property shall also exclusively assume the risks associated with the Products.
10.3 Installation, use and maintenance of the Products
Time limit and date of installation of the Products
The Products will be delivered and installed on a date agreed between the Parties.
Depending on the availability of the Parties and the Products, and except for the collective holidays of the building, the Service Provider will try as far as possible to install the Products within 7 working days after the date of the order and payment of the first rent.
This indicative installation time for the Products also assumes:
· The Client's flexibility for appointments,
· That the Property on which the Products will be installed is freely accessible to the Service Provider between 7 a.m. and 5 p.m.,
· That the installation of the Products can be carried out in an uninterrupted manner,
· That there is no fact not attributable to the Service Provider preventing the installation of the Products,
· There are no cases of force majeure or fortuitous events.
The indicative period is automatically extended for a period of working days during which the previous conditions are not met.
Any delay on the part of the Service Provider shall not give rise to compensation on the part of the Client.
The Products will be installed according to the Client's wishes, the Service Provider's advice, the manufacturer's recommendations and according to their practical usefulness. The location of the Products will be carefully chosen so that they do not suffer any damage.
At the end of the installation the Service Provider will provide the Client with the information necessary for the use of the alarm system and a work/installation sheet will be signed between the Client and the Service Provider.
The Client is prohibited from moving or touching the Products once they have been installed and configured.
Use of the Products
The Customer is solely responsible for the level of security of the Property, the choice of Products and the activation (or not) of the Products.
Generally speaking, the Customer undertakes to take all necessary measures to use the Products in a responsible manner, to always maintain them in good working order and not to hinder the effectiveness of the Products.
Annual maintenance of the Products
By subscribing to this contract, the Client undertakes to have the Products exclusively maintained by the Service Provider at least once every twelve months.
If the Client should have the Products maintained or repaired by a third party and/or exceed a period of twelve months for the next maintenance of the Products, all costs related to a malfunction of the system due to lack of maintenance or attempted repair by a third party shall be borne exclusively by the Client. In these cases, the Service Provider will be released from all liability for the past, present and future.
The Client further undertakes to have the Service Provider intervene in case of emergency only.
At the end of each intervention on the Products, a worksheet will be signed by the Parties.
The Customer further undertakes to inform the Service Provider immediately by letter or e-mail in the following cases:
Deterioration of all or part of the Products,
Breakage or loss of all or part of the Products.
8. Obligations of the Customer in relation to the GDPR
The Customer shall be solely responsible for compliance with the regulations on the protection of personal data and in particular with the European Community Regulation 2016/679 with regard to third parties in connection with the Products.
In particular, the Customer undertakes to comply with the principles set out in the community regulation 2016/679.
In particular, he shall ensure that he informs third parties of the use he will make of personal data and in particular of the images taken by the cameras.
Should the Customer transmit the images to a remote surveillance centre, the Customer shall ensure that this centre also complies with the regulations on the protection of personal data.
9. Commencement and duration of the contract
The present contract takes effect from the date of the Customer's order, confirmed and paid on the my.genista.lu website.
The contract is concluded from the date of the order for a fixed period of three years, renewable one or more times by tacit agreement, each time from year to year, unless terminated by one of the Parties 90 (ninety) calendar days before its expiry by registered letter (the date of the postmark being taken as proof).
10. Late payment
In the event of late payment, the Service Provider is entitled to:
terminate the contract with immediate effect, thirty days after a notice to pay has been served with the contract remaining unfulfilled
in the case of a consumer Client within the meaning of article L-010-1 paragraph 1 of the Consumer Code, request late payment interest in accordance with the provisions of article 12 of the amended law of 18 April 2004 relating to payment deadlines and late payment interest
in case of a transaction with a commercial, professional or public customer, automatically claim default interest in accordance with the provisions of Article 3(1) of the amended law of 18 April 2004 on payment periods and default interest from the due date.
11. Termination of the contract
The Service Provider's letter of cancellation to the Client is to be sent by registered letter to the Client's address given in point 1 of the contract.
In the letter of cancellation, the Client shall indicate the contract number, the date of the order and the reason(s) for the cancellation.
At the end of the contract, the Products must be returned in the same condition as when they were made available to the Customer, less normal wear and tear.
If the contract is terminated by the Client at the end of the first three-year period and before 5 years, the Client undertakes to pay the Service Provider a lump sum for uninstalling the equipment of 240€ including VAT. This flat-rate price is subject by right to the price index (basic index: 834.76).
Any damage to the Products that exceeds normal wear and tear will be noted on a work sheet and will be the sole responsibility of the Customer.
At the end of the contract, the Client undertakes to make an appointment with the Service Provider for the removal of the Products.
The Parties each have the right to terminate the contract with immediate effect for serious reason(s), thirty days after formal notice by registered letter to comply with the terms of the contract, which has remained unsuccessful.
In the event of termination of the contract before the expiry of the initial three-year period, by the Client or by the Service Provider due to late payment or other serious reason(s), the Client undertakes to pay the Service Provider a flat-rate penalty amounting to the residual value of the total amount of rent remaining to be paid between the order date and the end of the contract (N+3).
The legal guarantee in respect of the rental agreement applies.
In the event of use that does not comply with the manufacturer's prescription and the Service Provider's advice, the Customer will be invoiced for costs related to the Products and the Service Provider's interventions.
The Service Provider is not liable:
In the event of burglary of the Property
In the event of a Product malfunction
In the event of transmission malfunctions for any reason whatsoever
In the event of intervention by a third party on the Products
In the event of force majeure or any other event, even outside of force majeure or fortuitous event, which the Service Provider could not reasonably avoid
For the radio reception of the elements
In the event of damages related to the fixing and unfixing of the components on the wall or other supports (holes, marks etc.) in the event of retraction or termination of the contract formulated by the Client.
Generally speaking, the Service Provider can only be held liable for gross negligence.
In any event, the Service Provider's liability is limited to an amount that may not exceed five times the amount of all rentals excluding VAT paid by the Client on the basis of this contract.
14. General terms and conditions
By accepting this contract, the Client waives the application of its general terms and conditions (if any).
15. Plans and documents
Any plans and documents drawn up by the Service Provider shall be the exclusive property of the Service Provider.
The Service Provider has the right to subcontract all or some of its services to other companies.
The Client authorises the Service Provider to process its personal data that is necessary or useful for the proper performance of this contract. The Service Provider's RGPD policy can be consulted on the Service Provider's internal website www.genista.lu\rgpd
18. Amendment to the contract
Any modification of the contract must be the subject of a written amendment in the same form as the initial conclusion of the contract and must be accepted by the Parties.
19. Applicable law and jurisdiction
This contract is governed exclusively by Luxembourgish law.
Only the courts of the Grand Duchy of Luxembourg have jurisdiction to hear any dispute relating to this contract.