Terms & Conditions
GENERAL INFORMATION REGARDING THE COMPANY
Lebeau Courally Knokke
Succursale de Lebeau Courally Genève, rue de la Corraterie 26
1204, Geneva, Switzerland
Lebeau Courally Knokke is incorporated under the laws of Switzerland holding its registered office in Switzerland at Rue de la Corraterie 26, 1204 Geneva. Belgian office: Hille 184, 8750 Zwevezele, company number BE0646940639, RPR Gent (court of Brugge).
Article 1: General Terms
The e-commerce website of Lebeau Courally Knokke (hereafter “LBC”), a branch of Lebeau Courally Geneva, Rue de la Corraterie 26, 1204 Geneva, Switzerland with registered office at Hille 184 to 8750 Zwevezele Hille in Belgium, VAT BE 0646,840,639, RPR Gent (court of Brugge), offers its customers the opportunity to purchase products from its online shop. These General Terms and Conditions (“Terms”) are applicable to any order placed by a visitor to this e-commerce website ( “Customer”). When placing an order through the webshop of LBC, the Customer must explicitly accept these Terms, thereby agreeing to the applicability of these Terms, to the exclusion of all other conditions. Additional terms of the Customer are excluded, unless the prior, written and express acceptance by LBC is obtained. These Terms do not affect the legal rights granted in a binding manner to the Customer under Belgian consumer-protection law.
Article 2: Price
All prices are expressed in euro, always including VAT and all other fees or taxes required to be borne by the customer, but excluding any delivery, reservation, dispatch or other administrative costs, unless explicitly stated otherwise. If costs are charged for delivery, reservation, dispatch or administrative costs, this will be indicated separately.The indication of the price only refers to the articles as literally defined. The accompanying photos are intended as decoration and may contain elements that are not included in the price. LBC has the right to change its prices and to correct any typos. In case the Customer would be affected by this, the Customer will be informed by e-mail, in which case the Customer will have the right to cancel his order. Additionally, LBC may change prices if they are due to objective circumstances (VAT, taxes on goods, packaging, transportation,…).
Article 3: Offer
Despite the fact that the online catalog and e-commerce website are compiled with the utmost care, it is possible that the information is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer do not bind LBC. With regard to the accuracy and completeness of the information, LBC is only bound to an obligation of means. LBC is in no way liable in case of obvious clerical errors or printing errors. If the customer has specific questions about e.g. size, color, availability, delivery, or delivery method, we ask the Customer to contact LBC’s customer service in advance of placing an order. The offer is valid while supplies last and can be changed at any time or withdrawn by LBC. LBC can not be held liable for the unavailability of a product. If an offer has a limited duration or if it is subject to conditions, this will be explicitly stated in the offer.
Article 4: Online sales payment – electronic invoicing
The purchase closed other than by means of the webshop will only be concluded after the order is signed by both the Customer and a person authorized to bind LBC or by the beginning of implementation of the agreement. The purchase closed through the shop only becomes effective upon receipt by the Customer of the confirmation email from LBC. This confirmation email will only be sent by LBC after proper payment of the order by the Customer. Any additions and/or changes made at a later time are valid only after written agreement of both parties, including with respect to the terms of payment and implementation periods. An order through the web shop may merely be paid online by the Customer via a special payment system included in the LBC website. For the processing of this online transaction LBC appeals to external professional and specialized partners who operate a payment platform. Payments are made using secure protocols. All online payments are subject to the general conditions of the external manager of the payment platform, who carries the sole responsibility regarding the correct implementation of all online payments. By ordering a product through the web shop, the Customer explicitly agrees to the use of electronic invoicing by LBC, unless agreed otherwise and in writing between the parties. LBC reserves the right to request additional information for the safety and security of the Customer relating to the Customer and its activities, and to refuse to implement the order if the Customer fails to provide the requested information. Orders showing that the Consumer has the intention to resell the products may be refused. LBC is also entitled to refuse an order pursuant to a serious failure of the Customer with regard to orders in which the Customer is involved.
Article 5: Delivery and execution of the agreement
Products ordered via the webshop are deliverd at the delivery address specified by the Customer. If the order is not in stock, the Customer will be contacted with regard to the delivery time. Should the delivery time be unacceptable, the Customer may cancel the order. The expected date of delivery is always an approximation. Exceeding the expected delivery time does not release the Customer from its obligations. Exceeding the prescribed period can under no circumstances, except in cases of willful misconduct or gross negligence on the part of LBC, give rise to the award of damages or rescission of the contract at the expense of LBC. Change(s) to the order cause the automatic expiry of the proposed delivery term. LBC is not liable for damage caused by exceeding delivery times. LBC is never liable for force majeure or any other cause outside of its will (war, strike, lock out, breakage, theft, fire, logistical problems of transporters, appointees and others, etc …) which could lead to LBC failing to meet its obligations (timely), although LBC will always endeavor to make every effort in case of delay to implement the agreement, without being liable for damages. Unless otherwise agreed or expressly provided otherwise, the goods purchased through the webshop are delivered DELIVERED AT PLACE (Incoterms 2010) to the delivery address given by the Customer. In the absence of the Customer upon delivery, a message will be left by the transport service at the delivery address stating that the Customer can pick up the order at the address indicated on the notice. If the Customer refuses delivery or if the order is not picked up at the point of delivery within the period indicated in the message, the order will be returned to the registered office of LBC. The return costs and the associated costs (such as but not limited to customs charges, taxes, VAT, storage costs) are borne by the Customer. LBC reserves the right to make partial deliveries for any order. Any visible damage and/or qualitative deficiency of an article or other failure in the delivery must be reported immediately in writing by the Customer to LBC. Notwithstanding the aforementioned Incoterm, the risk for loss, destruction, damage or disappearance is transferred at the time the goods are offered by LBC for transportation. Promotions by LBC, in any form whatsoever (including but not limited to rebates, coupons, free shipping, …) should always be used according to the guidelines as expressly stated in this regard. In any case, they relate only to one order, they are not cumulative and are strictly personal.
Article 6: Retention
The delivered goods remain, until the moment of full payment (price, costs, interest and any other accessories) by the Customer, the exclusive property of LBC. The risks of loss, disappearance, damage or destruction of the goods will be fully borne by the Customer from the moment of delivery, i.e. when the goods are offered by LBC to the carrier or to the Customer as of the moment he (or any designated third party other than the carrier) has received the goods physically. The Customer undertakes, if necessary, to point out to third parties the right of retention of LBC, e.g. to anyone who would seize the not yet fully paid products.
Article 7: Right of cancellation
The provisions of this Article shall apply only to customers in their capacity as consumers buying online at LBC. Professional customers have no right to cancel the purchase. The Customer has the right to cancel the contract within 14 calendar days without stating any reason. The cancellation period will expire 14 calendar days after the date on which the Customer or its designated third party, other than the carrier, obtains physical possession of the goods. To exercise the right of cancellation, the Customer must notify LBC by an unequivocal statement (e.g. in writing by mail, fax or email) of his decision to cancel. The Customer can make use of the attached model form for cancellation, but is not obliged to. To comply with the cancellation period, the Customer must send the notice on its exercise of the right of cancellation before the cancellation period has expired. The Customer must return the goods promptly, but in any event no later than 14 calendar days after the date on which he has informed LBC of his decision to withdraw from the contract with LBC. The Customer is on time if he returns the goods before the period of 14 calendar days has elapsed. The direct cost of returning the goods are borne by the Client. If the returned product has in any way lost (some of its) value, LBC reserves the right to hold the Customer liable and to claim compensation for any diminished value of the goods resulting from the use of the goods by the Customer that goes beyond what is necessary in order to determine the nature, characteristics and the functioning of the goods. Only items that are in their original packaging can be returned together with all accessories, instructions and invoice or receipt. If the customer cancels the contract, LBC will refund to the Customer all payments received up to that point, including the default delivery, within a maximum of 14 calendar days after LBC has been informed of the decision by the Customer to revoke the Agreement. For sales agreements, LBC may withhold the reimbursement until it has received the goods, or until the customer has demonstrated that he has sent back the goods, whichever is the earliest. Any additional costs resulting from the choice of the customer for a type of delivery other than the least expensive standard delivery offered by LBC are not refundable. LBC repays the client pays using the same payment method as the Customer has used for the original transaction, unless the customer explicitly agrees otherwise; in any case the Customer will not be charged any fees for such refund.
The Customer may not exercise the right of withdrawal:
- for the supply of goods manufactured according to specifications of the Customer, or which are clearly intended for a specific person;
- the supply of goods which are inseparably mixed after delivery by their nature with other products;
- agreements whereby the Customer has specifically requested LBC to visit him to carry out urgent repairs or maintenance;
- contracts concluded at a public auction.
Article 8: Warranty – Liability
The Customer must immediately carry out an initial verification at delivery. This instant verification duty covers, inter alia (mere exemplative enumeration): quantity and dimensions, conformity of the delivery, visible defects, etc. The customer must immediately notify LBC in writing of any verifiable defects, within 48 hours of delivery (subject to forfeiture) and in each case before using the product. Under the Act of September 21, 2004 on the Protection of Consumers in Consumer Sales, the Consumer has legal rights. This legal guarantee is valid from the date of delivery to the first owner. Any commercial warranty leaves these rights without prejudice. To invoke the warranty, the Customer must present proof of purchase. Customers are advised to keep the original packaging of the goods. For items purchased online, the Customer must contact the LBC customer service. In any case, the Customer may not return the goods without the prior consent of LBC. Upon detection of a defect, the Customer must inform LBC as soon as possible. In any case, any defect must be notified in writing within two months after its discovery by the Customer. Afterwards no right to repair or replace the goods may be claimed. After the discovery of any defect each Customer is required to immediately cease further use of the relevant product and furthermore undertake any reasonable act to prevent (further) damage and proper storage of the product under penalty of inadmissibility of the complaint.(Commercial and / or legal) warranty does not apply to defects arising from accident, neglect, falling, use of the product contrary to the purpose for which it was designed, non-compliance with the operating instructions or manual adjustments or changes to the article, rough use, poor maintenance, or any other abnormal or incorrect use. Defects that occur after a period of two months from date of purchase or delivery shall not be regarded as hidden defects, subject to proof of the contrary by the Customer. Filing a complaint gives the customer no right to suspend payment. The Customer is obliged to pay the costs incurred as a result of unjustified complaints.
With the exception of the indemnity by LBC according to the above warranty, the liability of LBC is limited to the invoice amount (excl. VAT) of the goods delivered by LBC and it is in any case limited to the mandatory liability imposed by law.LBC is in no case held liable for compensation for consequential or indirect damages (including, but not limited to loss of revenue). LBC is not liable for defects that were caused directly or indirectly by an act of the Customer or a third party, whether caused by error or omission, nor is LBC liable for direct or indirect damages arising from the use of products by the Customer itself or through a third party on his/her full responsibility and risk.
Article 9: Customer Service
LBC’s customer service can be reached by telephone at +32 51460870, via e-mail firstname.lastname@example.org or by mail at the following address: Hille 184, B-8750 Zwevezele, Belgium. Any complaints can be directed to it.
Article 10: Penalties for non-payment
Without prejudice to the exercise of any other rights of LBC such as but not limited to compensation for actual damage if LBC can prove it, in the event of non- or late payment from the date of the breach of law and without formal notice, the Customer will bear interest at 10 % per annum payable on the unpaid amount and without prior notice. Moreover, the Customer shall automatically and without notice be held to pay a compensation of 10% on the amount in question, with a minimum of 25 euro per invoice.
Notwithstanding the aforementioned provision, LBC reserves the right to take back not (fully) paid items.
Article 11: Privacy
LBC respects the Belgian law of December 8, 1992 regarding the protection of privacy in the processing of personal data.
The personal information supplied by the Customer will only be used for the following purposes:
- the execution of the concluded agreement
- the processing of the order
- the mailing of newsletters, information, advertising and/or for marketing purposes.
The Customer has a legal right to access and correct personal data. Subject to proof of identity (a copy of your ID card) the Customer can address a written, dated and signed request to customer service to obtain a free written notice of his/her personal data. If necessary the Customer can also ask to correct incorrect, incomplete or irrelevant data. The Customer may freely object to the use of his/her data for direct marketing. For this purpose, the Customer can always turn to the LBC customer service. LBC treats the data of the Customer as confidential and will not give, rent or sell to third parties. However, it is possible that the obtained personal data are passed on to our collaborating companies. The customer is responsible for maintaining the confidentiality of his login data and using his password. The Customer’s password is stored in an encrypted manner, LBC has no access to this password. LBC keeps online (anonymous) visitor statistics in order to see which pages of the website are visited to what extent. If the Customer has any questions about this privacy statement, the Customer can contact us at LBC.
During a visit to the site, cookies may be placed on the hard drive of the Customer’s computer. A cookie is a text file placed on the server of a website in the browser of your computer or on your mobile device when you see a website. Cookies can not be used to identify individuals, a cookie can only identify a machine.
The following cookies are used:
- First party cookies are technical cookies that are used by the visited site itself and which are meant to make the site function optimally. E.g. settings that the user has made on previous visits to the site, or even pre-filled form data that the user has completed during previous visits.
- Third party cookies are cookies that are not from the site itself, but by third parties, e.g. an existing marketing or advertising plugin or cookies from Facebook or Google Analytics. For such cookies the site visitor must first give permission – this can be done through a bar at the bottom or top of the website, with reference to this policy, which does not prevent the visitor from surfing on the website.
Article 13: Divisibility – Waiver of rights
If any provision of these Terms is held to be invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions. Failure at any time by LBC to enforce or exercise any of the rights set out in these Terms will never be seen as a waiver of such provision and will never affect the validity of these rights.
Article 14: Change of Terms and Conditions
These Conditions are supplemented by other conditions where an explicit reference is made and the general conditions of sale of LBC. In case of contradiction, the present Terms apply. LBC reserves the right to change its Terms regularly. It is therefore the duty of the Customer to consult these terms regularly.
Article 15: Proof
The Customer agrees that electronic communications and backups can serve as evidence.
Article 16: Intellectual rights
LBC retains all copyrights or any other rights awarded to it for the designs, drawings, models, samples, pictures and products made by LBC. The Customer cannot proceed without the prior written consent of LBC to copy or use the products for purposes other than that for which they were intended.
Article 17: Applicable Law – Conflicts – Languages
Belgian law is applicable, except for the provisions of international law concerning applicable law. The courts of the place where LBC has its headquarters, being the courts of Bruges have jurisdiction in legal disputes, unless LBC deviates from this. The Customer can also turn to the ODR platform (http://ec.europa.eu/consumers/odr/). The parties acknowledge that the translation of the above terms and conditions in French, German and English was only prompted to clarify the mutual contractual obligations between them and that, despite the accuracy of the translation, the basic text was drafted in Dutch and this language will prevail for interpretation or determining the scope of words, terms and/or phrases and the entire text. Current text is an electronic version which is always accessible and to which is explicitly referred on the website and or front, for example, of the standard purchase orders, order confirmations or confirmation emails and invoices.