These General Terms and Conditions of Use and Sale (the “Terms”) govern access to and use of the website https://www.miammiam.lu, as well as any MiamMiam.lu mobile application, any mobile version, any affiliated or associated website providing access to MiamMiam.lu services, whether existing now or in the future (together, the “Site”).

Please read these Terms carefully before using the Site or placing an order through it. By accessing any part of the Site, creating an account, using the services offered or placing an order, you acknowledge that you have read, understood and agree to be bound by these Terms.

If you do not accept these Terms, you must immediately stop using the Site and must not place any order through it.

We reserve the right to amend these Terms at any time by publishing an updated version on this page. The applicable Terms are those in force at the time you use the Site or, where applicable, at the time you place your order.

The use of your personal data provided through the Site is governed by our Privacy Policy, to which these Terms expressly refer.

For the avoidance of doubt, references to the “Site” in these Terms include any current or future version of the website https://www.miammiam.lu as well as any MiamMiam.lu mobile application, any mobile site, affiliated site or associated site enabling access to the Site or to MiamMiam.lu services, on any current or future platform or device.

MiamMiam.lu is a company incorporated under Luxembourg law, established at 1, Avenue de Luxembourg, L-4950 Bascharage, Grand Duchy of Luxembourg.

The term “Partner” means any third-party professional listed on the Site offering Products for sale via the platform, including in particular restaurants, shops, stores, grocery stores, bakeries, pastry shops, dark kitchens or any other professional seller.

MiamMiam.lu provides a technical platform enabling users to consult the offer of Partners and to transmit to such Partners orders for food products, beverages or other products offered by the Partners on the Site (the “Products”).

Unless expressly stated otherwise on the Site for a specific service, MiamMiam.lu acts exclusively as a technical intermediary between the user and the relevant Partner. MiamMiam.lu is not the seller of the Products offered by the Partners and does not act as producer, restaurateur, preparer, retailer or, unless expressly stated otherwise, as the delivery provider of the Products.

The contract relating to the preparation, sale and, where applicable, the delivery or making available of the Products is concluded directly between the user and the Partner who accepts the order. The Partner remains solely responsible for the performance of the order, in particular with regard to availability, composition, allergens, compliance, quality, preparation, packaging, preparation time, delivery time and, more generally, the proper performance of the order.

Notwithstanding its role as an intermediary, MiamMiam.lu remains responsible for its own services, within the limits provided by applicable law, including in particular the operation of the Site, the technical transmission of orders, the management of user accounts, the provision of certain payment functionalities and, where applicable, the management of the MiamMiam.lu Wallet.

You may access certain parts of the Site without creating an account or providing personal data. Certain functionalities, including placing orders or using the Wallet, may require the creation of an account and the provision of accurate, complete and up-to-date information.

When you use the Site or create an account, you may be required to provide, in particular, your name, your email address, your telephone number, your delivery address, payment information and any other data necessary for processing your order. You undertake to provide accurate, complete and up-to-date information and to correct it without delay in the event of any change.

All personal data collected via the Site is processed in accordance with our Privacy Policy.

You are responsible for the confidentiality of your login credentials and for any activity carried out via your account, unless due to fault attributable to MiamMiam.lu. You must inform us without delay of any unauthorized use of your account or any breach of security.

Unless expressly authorized by MiamMiam.lu, you may not create or use several personal user accounts.

By accessing any part of the Site, you indicate your acceptance of these Terms. If you do not accept them, you must immediately leave the Site and refrain from using the services offered through it.

We may amend these Terms at any time. Amendments take effect as from their publication on the Site, subject to the mandatory provisions of applicable law. It is your responsibility to consult the Terms in force regularly.

You are responsible for taking all necessary measures to access the Site, in particular with regard to your internet connection, equipment, software and technical settings. You are also responsible for ensuring that any person accessing the Site through your internet connection is aware of these Terms and complies with them.

By placing an order on the Site, you represent and warrant that:

3.1.1. you are legally capable of entering into binding contracts;  

3.1.2. you are at least 18 years old, or, if applicable law permits for certain acts, the legal age required to carry them out.

Where regulated Products, including alcohol or tobacco, are offered by a Partner on the Site, you acknowledge and agree that:

3.2.1. it is prohibited for persons under the applicable legal age to purchase or attempt to purchase such products;  

3.2.2. it is prohibited to purchase such products on behalf of a person under the applicable legal age;  

3.2.3. the Partner is solely responsible for compliance with the legal rules applicable to the sale and handover of such products;  

3.2.4. the Partner may require the presentation of valid identification upon delivery or collection;  

3.2.5. where alcohol, tobacco or any other regulated product is concerned, MiamMiam.lu acts solely as an intermediary for the transmission of the order and does not itself sell such products.

After selecting the Products you wish to order from the menu of the chosen Partner and providing the requested information, you will have the opportunity to submit your order by clicking the “Order” button or an equivalent button.

It is your responsibility to carefully check the information entered before submitting your order, in particular the Products ordered, the address, delivery instructions, contact details and payment method. Once the order has been submitted, modification may be impossible or subject to the Partner’s agreement.

When you submit an order via the Site, it is first received by MiamMiam.lu and then transmitted to the relevant Partner for processing.

Any confirmation page, notification in “My Orders”, email, SMS or other message you receive after submitting your order only confirms that the order has been duly received by MiamMiam.lu and/or transmitted to the Partner. Such confirmation does not, in itself, constitute final acceptance of the order by the Partner.

The contract relating to the supply of the Products is formed directly between you and the Partner when the latter accepts your order. The Partner remains free, in compliance with applicable law, to accept or refuse an order, in particular due to the unavailability of Products, excessive workload, logistical constraints, an uncovered delivery area, weather conditions, a technical incident or any other legitimate reason.

In the event of acceptance or refusal of your order by the Partner, we will inform you in “My Orders” and/or by email, SMS, push notification or any other reasonable means, as soon as possible.

When a Partner accepts an order, it may communicate an estimated preparation, collection or delivery time. This time is provided for information purposes only.

Certain Partners may impose a minimum order amount. In such case, the order may only be placed if, after the possible application of discounts or promotions, the final amount of the order reaches or exceeds the minimum required by the Partner.

As long as the Partner has not accepted the order, it may be possible to request its modification or cancellation. However, no guarantee is given in this respect.

Once the order has been accepted by the Partner and, where applicable, payment has been authorized, the order can in principle no longer be modified or cancelled online. If you nevertheless wish to modify or cancel your order, you must contact the Partner directly using the contact details appearing in the order details, available in your account under “My Orders”.

In addition to contacting the Partner, you must send an email to support@miammiam.lu to inform us of your request. MiamMiam.lu may, purely as a commercial gesture and without any obligation of result, attempt to relay your request to the Partner.

The Partner remains the sole decision-maker as to whether to accept or refuse a cancellation or modification, particularly if preparation of the order has already started or been completed. In the absence of written confirmation from MiamMiam.lu or the Partner, the order shall be deemed maintained.

If payment authorization fails, the order may not be transmitted to the Partner and may not be processed.

Orders may be offered for delivery, collection on site or according to any other arrangement indicated on the Site by the Partner. The exact arrangements depend exclusively on the relevant Partner.

Delivery or collection times are provided by the Partners for information purposes only. Neither MiamMiam.lu nor the Partner guarantees that an order will be delivered or made available for collection within the estimated time, subject to the mandatory obligations provided by applicable law.

The preparation, quality, compliance, packaging, availability and, where applicable, delivery of the Products are the sole responsibility of the Partner that accepted the order.

Any dispute relating to the Products or to the performance of the order, in particular in the event of a preparation error, missing item, allergen issue, non-compliance, delay or failure of delivery, must first be dealt with with the relevant Partner. MiamMiam.lu may, without being obliged to do so, assist the user as a commercial gesture by facilitating exchanges with the Partner.

The prices displayed on the Site are indicated in euros. Unless otherwise stated, they include VAT or any applicable tax. They may, however, exclude certain additional charges, in particular delivery fees, service fees or fees related to certain payment methods, which will be indicated before final validation of the order where applicable.

MiamMiam.lu endeavours to faithfully reproduce the prices, descriptions and information provided by the Partners. However, since menus and information are provided by the Partners, material errors, omissions or inaccuracies may exceptionally appear on the Site.

In the event of a manifest error in the price or information relating to a Product, MiamMiam.lu and/or the relevant Partner reserve the right to correct the error before final acceptance of the order. If the order has already been submitted on the basis of a manifestly erroneous price, the user will be informed as soon as possible and may, as the case may be, confirm the order at the corrected price or cancel it. Nothing in this article limits the consumer’s mandatory rights.

Payment for orders may be made using the payment methods offered on the Site, including in particular credit card, debit card, MiamMiam.lu Wallet, or cash if that option is offered by the relevant Partner.

If you pay by card, you declare that you are authorized to use the card concerned. Payment processing may be carried out by MiamMiam.lu and/or by third-party payment service providers. In certain cases, the Partner may request the presentation of an identity document or, where legally permissible and contractually provided, the presentation of the payment method used in order to prevent fraud.

Delays may occur in the processing of payments, authorizations, pre-authorizations, temporary holds or the return of funds by banks, card issuers or payment service providers. MiamMiam.lu is not responsible for delays attributable to such third parties, subject to its own legal obligations.

A credit, coupon or promotional code may apply to your order if it is valid, recognized by the Site and used in accordance with these Terms as well as the specific conditions of the relevant offer. Promotions may be limited in time, scope, value, to certain categories of Partners, to certain geographic areas, to certain users or to a limited number of uses.

If you have submitted an order paid by card or by another online payment method, and the payment has been authorized or captured, but the order is subsequently refused by the Partner or cancelled in accordance with applicable law or these Terms, the refund will be initiated via the payment method used or, where provided for and accepted, by re-crediting the MiamMiam.lu Wallet. The actual time for the funds to reappear depends on the payment service provider, bank or card issuer.

5.9.1. The MiamMiam.lu Wallet is a digital wallet enabling the user to credit a balance that may be used to pay for certain orders placed on the platform.  

5.9.2. Funds may be added to the Wallet via bank card or any other payment method accepted on the Site.  

5.9.3. The Wallet balance may be used exclusively on the MiamMiam.lu platform, for eligible orders, in particular with Partners accepting online payments and, where applicable, identified as such on the Site.  

5.9.4. Unless otherwise required by mandatory law, the Wallet does not constitute a deposit account, a bank account or an electronic money service provided to the user under a separate regulation by MiamMiam.lu, and the balance is not transferable between users.  

5.9.5. The Wallet balance is in principle not withdrawable to a bank account, except where required by applicable law, in the event of a technical error, undue payment, malfunction attributable to MiamMiam.lu or in any other case where MiamMiam.lu decides, at its commercial discretion, to proceed with a refund via the original payment method.  

5.9.6. In the event of cancellation or refund of an order, the corresponding amount may be re-credited to the Wallet, unless otherwise requested by the user where reimbursement to the original payment method is possible and required by applicable law or accepted by MiamMiam.lu.  

5.9.7. The Wallet balance is not subject to inactivity fees and remains valid as long as the user account remains active, except in cases of fraud, abusive use, account closure for breach of these Terms or legal or technical impossibility of maintaining the service.  

5.9.8. MiamMiam.lu reserves the right to suspend or disable access to the Wallet in the event of reasonable suspicion of fraud, money laundering, abusive use, serious technical error or breach of these Terms, subject to applicable law.  

5.9.9. Any descriptive information appearing on a page dedicated to the Wallet supplements these Terms without contradicting them. In the event of contradiction, these Terms shall prevail, subject to the consumer’s mandatory rights.

User satisfaction is important to MiamMiam.lu. Subject to these Terms and the limitations linked to its role as intermediary, MiamMiam.lu will endeavour to help users as far as possible in the event of difficulties related to the use of the Site or to an order.

You may contact our customer service at the following email address: support@miammiam.lu. The Site may also make available to you an FAQ section or any other assistance channel.

If your order takes longer than expected or if you encounter a problem relating to its performance, you must first contact the relevant Partner directly.

If you wish to modify or cancel an order after its submission and payment authorization, you must contact the Partner directly at the number or through the contact details indicated in the order details, accessible in your account under “My Orders”. The Partner remains the sole decision-maker as to whether to accept or refuse the cancellation or modification.

You must also inform MiamMiam.lu by email of your request. MiamMiam.lu may, without any obligation of result, attempt to contact the Partner in order to relay your request. In the absence of written confirmation of cancellation by the Partner or by MiamMiam.lu, the order shall be deemed maintained.

If you wish to give your opinion on the quality of a Product or of the service provided by a Partner, you may use the “Reviews” feature or any other rating system made available on the Site. Reviews contribute to user information and internal quality control.

If you are not satisfied with the quality of the Products or of the service provided by a Partner and wish to request a refund, a price reduction or any other form of compensation, you must contact the Partner directly to submit your request. If you are unable to contact the Partner, or if it refuses to deal with your complaint, you may contact MiamMiam.lu within a reasonable period, and preferably within 48 hours following the order, so that we may, purely as a commercial gesture and without obligation of result, attempt to relay your request to the Partner.

MiamMiam.lu has no direct control over the Partners, nor over the quality of the Products or services they provide. Any assistance provided by MiamMiam.lu in the context of a complaint is provided as a commercial gesture and may not be interpreted as an acknowledgment of liability that lies with the Partner.

Subject to compliance with these Terms, you are authorized to use the Site and to print or download extracts from the Site solely for personal, private and non-commercial purposes.

You undertake in particular not to:

7.2.1. use the Site in an abusive, fraudulent or unlawful manner;  

7.2.2. attempt to gain unauthorized access to any system, server, account or database;  

7.2.3. carry out scraping, crawling, automated data extraction or any systematic collection of content from the Site without our prior written authorization;  

7.2.4. copy, reproduce, republish, transmit, display, sell, license or commercially exploit all or any part of the Site or its content without our prior written consent.

Unless otherwise indicated, the copyrights, database rights, trademarks, trade names, logos, graphic elements, texts, images, software, functionalities, structures and any other content of the Site belong to MiamMiam.lu, its affiliated companies, its partners or its licensors. These elements are protected by applicable intellectual property law.

You must not modify the paper or digital copies of documents printed or downloaded in accordance with these Terms, nor use separately any illustrations, photographs, videos, audio sequences or graphics accompanying any related text.

You must preserve all ownership and attribution notices appearing on the content of the Site.

All rights not expressly granted by these Terms are reserved.

MiamMiam.lu endeavours to make the Site continuously accessible, but does not guarantee that the Site will be available without interruption, without error or at all times.

Access to the Site or to certain functionalities may be temporarily suspended, limited or interrupted, with or without notice, in particular for maintenance, security, update, breakdown, overload or events beyond our reasonable control.

The transmission of data via the internet is never completely secure. Although MiamMiam.lu implements the measures required by law and reasonably appropriate to protect data and secure the Site, we cannot guarantee the absolute security of information transmitted to the Site through communication networks.

Any content, review, comment, rating, image, text, information, document or other element that you post, upload, transmit or otherwise make available on the Site is hereinafter referred to as “Visitor Material”.

Personal data contained in Visitor Material is processed in accordance with the Privacy Policy. Apart from such personal data, Visitor Material may be regarded as non-confidential.

By posting or transmitting Visitor Material on the Site, you represent and warrant that:

9.3.1. you have all the rights, authorizations and consents necessary to do so;  

9.3.2. the Visitor Material does not infringe any third-party right;  

9.3.3. the Visitor Material complies with these Terms and applicable law.

To the extent necessary for the operation, provision, moderation, technical reproduction, translation, display and promotion of the Site and services, you grant MiamMiam.lu, for the relevant legal term of protection or for the period necessary to operate the service in the case of unprotected content, a non-exclusive, worldwide, royalty-free licence, transferable to technical subcontractors and capable of being sub-licensed for purely technical purposes, to use the Visitor Material. This licence is limited to what is necessary for the functioning, improvement, reasonable promotion and security of the Site and does not affect your ownership rights in your content.

You are prohibited from posting, uploading or transmitting on the Site any Visitor Material that:

9.5.1. infringes any applicable law or regulation;  

9.5.2. is fraudulent, misleading, false or unlawful;  

9.5.3. constitutes unauthorized advertising, spam or impermissible commercial solicitation;  

9.5.4. contains viruses, malware, harmful code or any other program intended to disrupt the functioning of the Site or third-party systems;  

9.5.5. infringes intellectual property rights, image rights, privacy or any other right of a third party.

Reviews published on the Site must not:

9.6.1. be defamatory, insulting, obscene, hateful or offensive;  

9.6.2. promote violence, hatred or discrimination;  

9.6.3. impersonate another person or misrepresent your relationship with a person or entity;  

9.6.4. give the impression that they originate from MiamMiam.lu;  

9.6.5. reveal third-party personal data without legal basis;  

9.6.6. promote unlawful activities;  

9.6.7. be written with manifestly malicious, fraudulent or anti-competitive intent.

By publishing a review, you agree to express only a sincere opinion based on real experience and, where applicable, to disclose any personal, professional, financial or competitive relationship likely to influence your assessment.

MiamMiam.lu reserves the right, without being obliged to do so except where mandatory law provides otherwise, to remove, reject, hide, de-index or technically modify any Visitor Material that it considers, in good faith, contrary to these Terms, applicable law, its legitimate interests, those of third parties or the integrity of the Site. MiamMiam.lu may also suspend the publication of a review while carrying out reasonable checks.

Reviews and other Visitor Materials are provided for informational purposes and reflect the opinion of their respective authors. They do not constitute advice, a recommendation or a guarantee on the part of MiamMiam.lu.

To the extent permitted by law, MiamMiam.lu is not responsible for content published by users, except where such liability arises under applicable law or where, after having been validly notified of manifestly unlawful content, it would fail to act within a reasonable time.

You agree to indemnify MiamMiam.lu for damages, costs, judgments, reasonable expenses, including reasonable legal fees, resulting from a third-party claim linked to Visitor Material that you provided in breach of these Terms or applicable law. This clause applies subject to the consumer’s mandatory applicable law.

You acknowledge that MiamMiam.lu may cooperate with the competent administrative, judicial or police authorities and disclose the legally required information concerning a user or Visitor Material where the law so requires or where a valid request is made to it.

The Site may contain links to third-party websites, applications or resources. These links are provided solely for your convenience. MiamMiam.lu has no control over such third-party sites or resources and is not responsible for their content, availability, terms of use, privacy policy or the consequences of their use.

If you decide to access a third-party site via a link present on the Site, you do so at your own risk.

You may create a link to the homepage of the Site, provided that:

10.3.1. you do so in a fair and lawful manner;  

10.3.2. you do not damage the reputation of MiamMiam.lu;  

10.3.3. you do not suggest the existence of an association, partnership, endorsement or sponsorship on our part in the absence of such agreement;  

10.3.4. the website from which the link is established complies with applicable law and with standards of content comparable to those provided in article 9.

MiamMiam.lu reserves the right to withdraw the authorization to create a link to the Site at any time.

MiamMiam.lu may modify at any time the content of the Site, the services, functionalities, displayed menus, prices, listed Partners, visuals, promotions and any other information appearing on the Site, without notice, subject to commitments already formed and applicable law.

Promotions displayed on the Site may be modified, suspended or removed at any time. The Partners may also modify their offer, menus, opening hours, prices, fees, specialties or the conditions of any commercial or loyalty programme.

MiamMiam.lu endeavours to faithfully reproduce the names, descriptions, prices, nutritional information, allergen warnings, promotions and other indications provided by the Partners. However, this information is provided under the exclusive responsibility of the Partners, who remain solely responsible for its accuracy, completeness and updating.

If you have doubts concerning an allergen, the composition of a dish, a specific dietary requirement, the origin of a product, the presence of an ingredient, religious compliance or any other important characteristic of a Product, you must contact the Partner directly before placing an order.

Certain images displayed on the Site may be illustrations or visuals representative of the style of cuisine and may not correspond exactly to the product actually supplied by the Partner.

The Partners may refuse an order under the conditions provided in article 4.5. MiamMiam.lu endeavours to notify such refusal as soon as possible.

Nothing in this article limits the user’s mandatory legal rights vis-à-vis the Partner as contracting party for the supply of the Products.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including in particular liability for wilful misconduct, fraud, death or personal injury caused by negligence where such exclusion would be prohibited, as well as the mandatory rights recognized to the consumer.

Subject to article 12.1, MiamMiam.lu is liable only for its own services, namely in particular the operation of the Site, the technical transmission of orders, the technical management of payments that it processes directly and the functionalities that it operates itself.

Subject to article 12.1 and the consumer’s mandatory rights, MiamMiam.lu is not liable for acts, omissions, errors, failures, refusals, non-performance or improper performance attributable to the Partner, in particular as regards:

12.3.1. the availability of Products;  

12.3.2. the quality, freshness, compliance, food safety or preparation of the Products;  

12.3.3. allergens, ingredients, labelling or information provided by the Partner;  

12.3.4. order errors attributable to the Partner;  

12.3.5. missing items, substitutions or packaging errors;  

12.3.6. delays in preparation, collection or delivery;  

12.3.7. refusal of an order by the Partner;  

12.3.8. any non-performance or improper performance of the contract concluded between the user and the Partner.

The times and deadlines announced on the Site or communicated to the user are indicative, unless expressly agreed otherwise or required by mandatory applicable law.

Subject to article 12.1, MiamMiam.lu does not guarantee that the Site will be free from errors, interruptions, bugs or harmful components, nor that all information displayed on the Site will permanently be accurate, complete or up to date, in particular where supplied by the Partners.

To the extent permitted by law and subject to article 12.1, MiamMiam.lu shall not be liable for indirect or intangible losses, nor for losses that do not normally result from the alleged breach or were not reasonably foreseeable at the time the contract was concluded. This includes, for users acting in a professional capacity where applicable, loss of profit, turnover, anticipated savings, business opportunities, clientele or reputation.

Subject to article 12.1 and the consumer’s mandatory rights, the total liability of MiamMiam.lu towards a user in respect of one event or a series of related events shall not exceed the higher of:

(a) the amount actually paid by the user to MiamMiam.lu in respect of the relevant order; and  

(b) 100 euros.  

This cap does not apply where such limitation is prohibited by applicable law.

You are solely responsible for the costs related to your equipment, internet connection, software, telecommunications and, more generally, all costs necessary for access to or use of the Site.

You agree to indemnify MiamMiam.lu, its affiliated companies, officers, directors, employees, agents and subcontractors against claims, losses, damages, costs and reasonable expenses resulting from a breach of these Terms, fraud, abusive use of the Site or infringement of a third party’s rights by you. This clause is applicable subject to mandatory consumer law.

MiamMiam.lu may suspend, restrict or terminate your right to use the Site, all or part of the services, or certain functionalities such as the Wallet, with immediate effect and, where appropriate, after notice in writing, in particular by email, if it reasonably considers that:

13.1.1. you have breached these Terms;  

13.1.2. you have used the Site in a fraudulent, abusive, unlawful manner or in a way that compromises the security of the Site;  

13.1.3. you have published Visitor Material in breach of article 9;  

13.1.4. you have established links to the Site in breach of article 10;  

13.1.5. you have infringed the rights of MiamMiam.lu, of a Partner, of another user or of a third party;  

13.1.6. your use of the Site exposes MiamMiam.lu to legal, regulatory, technical or reputational risk.

In the event of suspension or termination, you must immediately cease using the Site and, where applicable, destroy or delete the unauthorized copies of any content downloaded from the Site.

The suspension or termination of your access does not affect rights and obligations arising beforehand, in particular those relating to payments due, ongoing complaints, intellectual property, liability, personal data and any clause intended by its nature to survive.

In the event of an alleged breach of these Terms, MiamMiam.lu reserves the right, in compliance with applicable law, to retain relevant technical data, including the IP address, and, if necessary, to cooperate with the authorities or the relevant providers.

In the event of suspension or termination, you must not attempt to create a new account or use the Site without our prior written authorization.

By using the Site or placing orders through it, you agree that most communications between you and MiamMiam.lu will take place electronically, including by email, notification on the Site, push notification, SMS or any other appropriate electronic means.

You acknowledge that communications, contracts, notifications, information and other messages transmitted electronically satisfy, within the limits permitted by law, any legal requirement for written form.

It is your responsibility to provide us with accurate contact details and to check regularly your email inbox, your user account and the Site notifications.

MiamMiam.lu shall not be liable for any delay or failure in the performance of its obligations resulting from an event beyond its reasonable control (a “Force Majeure Event”).

Force Majeure Events include in particular, without limitation:

15.2.1. strikes, lock-outs, labour disputes or other collective actions;  

15.2.2. riots, civil unrest, war, threat of war, terrorist attack or threat of terrorism;  

15.2.3. fire, explosion, storm, flood, earthquake, subsidence, natural disaster, epidemic, pandemic or health emergency;  

15.2.4. interruption or impossibility of using transport networks, postal services, telecommunications networks, internet or electricity services;  

15.2.5. act, decision, prohibition, restriction or injunction of a public authority;  

15.2.6. widespread breakdown, cyberattack, major security incident or serious failure of a third-party technical service provider.

During the duration of a Force Majeure Event, the obligations of MiamMiam.lu affected by that event shall be suspended for the duration thereof. MiamMiam.lu shall make reasonable efforts to limit the effects of the Force Majeure Event and resume performance of its obligations as soon as possible.

We are committed to protecting the confidentiality and security of personal data. Any collection and processing of personal data is carried out in accordance with our Privacy Policy, which forms an integral part of these Terms by reference.

Certain offers, services, promotions, programmes, competitions, functionalities or payment methods may be subject to additional specific conditions. In the event of contradiction between specific conditions and these Terms, the specific conditions shall prevail for the matter concerned, unless otherwise required by mandatory law.

If any provision of these Terms is found to be invalid, illegal, void or unenforceable, such provision shall, to that extent only, be deemed unwritten without affecting the validity and enforceability of the remaining provisions.

These Terms, together with any document expressly referred to herein, constitute the entire agreement between you and MiamMiam.lu concerning the use of the Site and replace any prior version, communication, proposal or understanding relating to the same subject matter.

The failure by either party at any time to rely on a provision of these Terms shall not be interpreted as a waiver of the right to rely on it later.

You may not assign, transfer or convey all or any part of your rights or obligations under these Terms without the prior written agreement of MiamMiam.lu. MiamMiam.lu may assign or transfer its rights and obligations to any affiliated company, successor, acquirer or entity involved in a restructuring, merger, acquisition or transfer of business.

Headings and subheadings are inserted for convenience only and do not affect the interpretation of these Terms.

These Terms may be made available in several languages. In the event of any divergence of interpretation, the French version shall prevail, unless otherwise required by mandatory law.

These terms apply to all coupons, vouchers, promotional credits, store credits and promotional codes issued, marketed or recognized by MiamMiam.lu from time to time for use on the Site.

Certain coupons or promotional codes may be subject to additional or specific conditions (the “Specific Conditions”) appearing in the relevant offer, in an email, in a promotional campaign or at the time the coupon is issued. These provisions supplement such Specific Conditions.

Unless otherwise stated, coupons may only be used for orders placed online on the Site with eligible Partners. The final amount due after application of the coupon is indicated before payment validation, and any remaining balance must be paid by an accepted payment method.

Subject to applicable law and the consumer’s mandatory rights, coupons purchased or granted by MiamMiam.lu:

17.4.1. have a limited or unlimited validity period as indicated at the time of issue;  

17.4.2. are neither exchangeable for cash nor refundable, unless otherwise provided by law or expressly stated otherwise;  

17.4.3. may be cancelled, refused or disabled in the event of manifest error, fraud, abusive use, breach of these Terms or where required by law.

Coupons may be limited to certain Partners, certain categories of Products, certain minimum order amounts, certain territories, certain users, a first order, a defined number of uses or any other condition indicated in the Specific Conditions.

Certain Partners may not accept certain coupons or certain categories of vouchers. The Site may indicate such ineligibility.

Unless otherwise stated, each coupon:

17.7.1. may only be used once;  

17.7.2. is personal to its initial recipient;  

17.7.3. is non-transferable;  

17.7.4. may not be combined with other coupons, credits or promotions.

Unless otherwise stated, each customer, household, account, payment method, device or delivery address may be limited to one coupon per promotion or offer.

No coupon may be copied, reproduced, distributed, resold, published or disseminated, directly or indirectly, in any form whatsoever, without the prior written authorization of MiamMiam.lu. Coupons distributed without authorization, in particular on deal websites, forums, social networks or other unauthorized channels, may be refused or cancelled.

By using a coupon, you declare that you are its legitimate recipient or are authorized to use it, and you undertake to use it lawfully, in accordance with these Terms, the Specific Conditions and in good faith.

If MiamMiam.lu reasonably considers that a coupon has been used irregularly, fraudulently, contrary to the Terms or in bad faith, it may refuse it, cancel it, correct the undue advantage, suspend the relevant account or claim reimbursement of the advantage unduly obtained, subject to applicable law.

Unless expressly stated otherwise, coupons may not be exchanged for cash, credited to a bank account or transferred to the Wallet outside the cases expressly provided for.

To the extent permitted by law, MiamMiam.lu shall not be liable for the impossibility of using a coupon where such impossibility results from expiry, unmet conditions, input error, incompatibility with the order, a problem attributable to the user or use contrary to these Terms.

MiamMiam.lu may modify or terminate a coupon programme or certain promotions at any time, subject to commitments already entered into, the applicable Specific Conditions and mandatory consumer law.

All other provisions of these General Terms and Conditions of Use and Sale remain applicable to coupons and promotional codes.

These provisions apply to all competitions, games, prize draws, promotional campaigns or similar operations organized by MiamMiam.lu, unless otherwise provided by specific provisions.

Each competition may be subject to additional specific conditions (the “Competition Specific Conditions”), which supplement these provisions.

Unless otherwise stated in the Competition Specific Conditions, competitions are open to residents of the Grand Duchy of Luxembourg aged at least 18, excluding employees of MiamMiam.lu, its affiliated companies, its partners involved in organizing the competition, as well as members of their household or any person directly involved in the competition.

Any participation in a competition constitutes full and complete acceptance of these provisions as well as the applicable Competition Specific Conditions.

The methods for selecting winners, including, where applicable, prize draw, selection or vote, are defined in the Competition Specific Conditions.

Winners must be able to accept the prize offered in accordance with these Terms and the Competition Specific Conditions. If a winner does not respond within the required time, cannot be contacted, is not eligible, refuses the prize or does not satisfy the applicable conditions, MiamMiam.lu reserves the right to designate another winner.

Unless otherwise stated, prizes:

18.7.1. are personal and non-transferable;  

18.7.2. may not be exchanged for cash;  

18.7.3. may not be substituted at the winner’s request, unless MiamMiam.lu decides otherwise.

All personal data collected in the context of a MiamMiam.lu competition is processed in accordance with our Privacy Policy and the Competition Specific Conditions.

To the extent permitted by law, MiamMiam.lu reserves the right to modify, suspend, shorten, extend or cancel a competition at any time for legitimate reason, in particular in the event of fraud, technical problem, event beyond its control, legal requirement or reasonable commercial necessity.

Subject to applicable law, MiamMiam.lu shall not be held liable for lost, late, incomplete, invalid, technically defective or unreceived participation, nor for any impediment to participation beyond its control.

Competitions and their conditions are governed by Luxembourg law, subject to the more protective mandatory provisions applicable to consumers.

Where applicable law grants the consumer a right of withdrawal for a distance contract, that right shall be exercised in accordance with the applicable legal provisions.

You are informed that, for certain orders concerning perishable goods, goods made to the consumer’s specifications, clearly personalized goods or other categories legally excluded, the right of withdrawal may not apply in accordance with Luxembourg law and European Union law.

Nothing in these Terms is intended to deprive the consumer user of the mandatory rights granted to them under applicable law, including in respect of consumer protection.

These Terms as well as any relationship between you and MiamMiam.lu are governed by Luxembourg law, subject to the mandatory provisions of the law of the country in which the consumer has their habitual residence where such provisions are more favourable and applicable.

Subject to the mandatory rules of jurisdiction applicable to consumers, any dispute relating to these Terms or to the use of the Site shall fall within the jurisdiction of the competent courts of the Grand Duchy of Luxembourg.

Before any judicial proceedings, the user is invited to contact MiamMiam.lu at support@miammiam.lu in order to seek an amicable solution.

Where applicable law so provides, the consumer may also have recourse to competent out-of-court dispute resolution or mediation mechanisms.