La Lorraine Site

GENERAL CONDITIONS OF SALE

1. General

This general conditions of sale govern exclusively all contracts between the customer and LA LORRAINE NINOVE NV, with offices at 9400 Ninove, Elisabethlaan 143, BTW BE 402.225.247, RPR Gent, division Dendermonde and all directly or indirectly associated group companies ( hereinafter referred to as “LLBG”), with regard to all orders placed using the online web-order platform https://order.llbg.com (hereinafter referred to as “Web-order”)

Any terms, conditions or other statements on order forms, order confirmations, correspondence or other documents issued by the customer are without any value accepted by LLBG, even if the order has been executed.

LLBG has the right, at any time, to modify any of these Terms and publish them on the Site without any prior notification. The customer is obliged, to verify if any of the Terms have been modified. Placing an order is regarded as the explicit recognition and acceptance of the latest version of the Terms by the customer.

The fact that LLBG, at a specific time, does not invoke one or more provisions of these Terms shall not be construed in any way as a partial or total renunciation by LLBG to rely on these provisions or Terms in the future.

2. Passwords and secured parts of the Website

The customer requires a password and a username to access Web-order. Entering Web-order without a password is strictly prohibited. LLBG gives the customer access to Web-order by providing an individualized username and password to the customer (hereinafter referred to as the "Username" and "Password").

The customer shall at all times be personally responsible for the Password and Username and commits itself to do everything necessary for the preservation of their confidentiality. Neither the Username nor the Password are transferable. The customer agrees to keep the Username and the Password, at all times, strictly personal and confidential and to take all possible measures to prevent disclosure to, and use by third parties. If the customer has suspicions that the Password and/or Username is no longer confidential and/or may be used by third parties, the customer shall notify LLBG immediately orally and in writing. Upon receipt of such notification, LLBG shall, as soon as possible, deactivate the Password and the Username of the customer and replace it by a new Password. The customer remains at all times liable for the use of the User Name and Password. Any use of Web-order after valid identification based on the Username and Password, will be deemed to have been made by the customer. If LLBG has reason to believe that the security of the Web-order is in jeopardy, LLBG can unilaterally decide to change the Password of the customer (without prejudice to its other rights).

3. Orders

The customers have the possibility to order the products of their choice using Web-order.

All statements of numbers, sizes, weights, descriptions, drawings, provided illustrations, stock lists, catalogues or other indications of products have been made with due care. LLBG can however not guarantee that there will be no deviations and cannot be held liable for any printing errors. Shown or supplied samples, drawings or models are only indications of the products and do not bind LLBG in any way.

During the ordering process the customer must always accurately select the desired products and quantities.

The customer expressly gives permission to LLBG to contact him by telephone to verify the authenticity of the order and to discuss any uncertainties in the order or problems with the delivery. The customer receives an automatic order confirmation by e-mail when the order has been successfully registered.

LLBG has the right to refuse orders in case:

She has a serious suspicion of bad faith or intent to fraud in the largest sense;
There are suspicions of (repeated) abuse of the ordering process by the customer;
Wrong or suspicious customer data is entered;
In case of force majeure.

4. Prices and payment terms

The prices on Web-order are always in Euro and are VAT exclusive.

All prices are based on the conditions prevailing at the time of the conclusion of the contract, such as exchange rates, commodity prices, purchase prices, wages, freight, import and export duties, excises, levies and taxes imposed directly or indirectly on LLBG. If any of these conditions change after the conclusion of the contract but before delivery, LLBG shall be entitled to invoice the additional costs to the customer.

LLBG shall not be liable for the consequences of printing errors in the price indications or product descriptions. LLBG reserves the right to adjust orders to the appropriate applicable price or cancel them unilaterally, if it appears that the price indications and / or the product descriptions are erroneously indicated as a result of a human or technical shortcoming.

LLBG deviates from the provisions of Art. XII.7, § 1 and XII.8 WER. The terms and conditions governing the order between the customer and LLBG have been agreed upon between parties prior to the placement of the order.

Unless agreed otherwise in writing, invoices are payable in cash at our seat of business within 8 calendar days of the date of invoice. Complaints relating to invoices must be made in writing and must reach us within eight days of the invoice date. Where no such complaint is received the invoice will be deemed as accepted.

In the event of late payment a default interest shall be payable automatically and without prior notice in application of the law “Late payment in commercial transactions”, as well as a penalty of 10% on the total invoice amount with a minimum of 65 EUR. All cost for collection, judicial costs and litigation are at the expense of the customer.

LLBG shall retain the exclusive ownership of the goods until the purchase price has been paid in full. In the event of non-payment of the whole or part of the price on the agreed payment terms, LLBG shall have the right to collect the delivered products, wherever they are located, at the expense of the customer, and to retain these until the full payment, without prior judicial intervention.

5. Delivery

LLBG has the right to proceed with partial deliveries and to invoice these partial deliveries.

If the goods are to be transported, the packaging, delivery and the insurance shall be at the risk of the customer, even if this is free of charge.

Delivery dates are always indicative and are provided for information purposes only. They are not binding and delays in delivery cannot give rise to a fine or any other, compensation, nor result in the termination or suspension of the agreement or in refusal to take receipt of the goods ordered.

If there is reasonable doubt as to the solvency of the customer, LLBG can postpone the delivery without prior notice, until the customer has given the necessary guarantees requested by LLBG.

If the customer refuses to accept the goods upon delivery, he will be in default without any prior notice. LLBG shall be entitled to consider the contract as being terminated by the customer; to store the products, at the expense and risk of the customer or to sell them to a third party. If applicable, the customer shall remain liable for the payment of the purchase price including interest and costs.

6. Pallets, trollies, crates and other materials

Palettes, trollies, crates and other materials, owned by LLBG, must be returned undamaged, at the expense and risk of the customer, at the next delivery or within a period of one month after their delivery. If not, LLBG shall be entitled, without any prior notice, to invoice the cost of these materials to the customer.

7. Defects and warranty

The Customer is obliged to check and validate the goods on the day of receipt. The non-conformity of the delivered goods and any visible defects must, under penalty of forfeiture, be communicated to LLBG in writing on the day of receipt of the goods, failing which the goods shall be considered conforming, validated and without visible defects. In the case of an order via Web Order, the delivery on Web Order must be validated on a daily basis, including the registration of complaints in case of non-conformity of the delivered goods, failing which the delivery will be automatically validated after 7 days.

Any claims arising from latent defects must be notified by the customer the day of delivery before 12:00 PM for fresh products and within 14 calendar days after delivery for frozen and other products, failing which the claim in application of article 1648 of the Belgian Civil Code shall be inadmissible.

In case of a dispute, the customer must leave the goods in unchanged condition and return them immediately to LLBG so that LLBG can investigate the complaint. The shipping is always at the expense and risk of the customer. However, the repossessed goods remain at the risk of the customer. The receipt by LLBG of the goods returned by the customer does not imply recognition of the alleged error or omission by LLBG.

The liability of LLBG is limited to the replacement of the defective goods. Any liability of LLBG is excluded if the damage was caused by concurrence of a defect in the product and by the fault of the customer or third party. LLBG shall not for any indirect damages, for loss of exploitation, turnover or customers or for damage to the reputation.

8. Force Majeure

LLBG is relieved of any responsibility in case of force majeure (accidents, war, strikes,...). LLBG reserves the right to extend the term for the execution of the agreement as long as the force majeure lasts.

Force majeure includes any circumstance beyond the control of LLBG as a result of which the fulfillment of its obligations towards the customer is prevented wholly or partly, or the fulfillment of its obligations cannot be reasonably be required of LLBG, whether or not such circumstance could be anticipated at the time of conclusion of the agreement/order.

9. Return of goods

Return of goods is only allowed after the prior written consent of LLBG.

10. Breach of contract

In case of non-compliance with the obligations of the customer, LLBG has the right, without prior notice, to cease or cancel all further deliveries.

In case of apparent insolvency, judicial settlement or bankruptcy of the customer, all contracts with LLBG will be automatically terminated.

11. Personal Data

To be able to process and execute orders, LLBG shall process personal data of the customer or their employees (“Personal Data”). LLBG considers the protection of the privacy of these Personal Data as very important and therefore commits to process these in accordance with the General Data Protection Regulation of 27 April 2016 (also known under the abbreviation GDPR).

As part of this commitment LLBG has adopted a Privacy Policy that describes in detail why and how the above-mentioned Personal Data will be processed in this context, to whom they can/will be transferred and which are your rights as well as the obligations of LLBG in this respect.

The Privacy Policy can be consulted using the following link. We invite you to read this Privacy Policy thoroughly, it contains important information.

12. Risks of the internet

The customer is aware of the risks and limitations associated with the use of the internet. The customer is also aware of the risks of electronic storage or exchange of information. The customer explicitly accepts that LLBG is not liable for damage (direct or indirect), due to the use of Web-order or the internet, as a result of these risks.

13. Applicable law and jurisdiction

All issues, questions and disputes between LLBG and the customer regarding this Terms, shall be governed by and construed in accordance with Belgian law and shall be submitted to the exclusive jurisdiction of the courts of Dendermonde.