General Terms and Conditions of Sale

11 Sep 2020

Below is our general Terms and Conditions of Sale (Terms and Conditions). These apply when placing an order via our Website at all times and contain important information for you as a buyer of our products. Please read our Terms and Conditions thoroughly. Furthermore we recommend saving, or printing this document in order to read it back at a later time.

1.1 La Beer Epoque®: a trademark registered with BOIP (Office Benelux of the Intellectual Property) under file name 1408940, property of KA LAB, registered at the Banque Carrefour des Entreprises of Belgium with Entreprise nr : 0748.410.329.

 

1.2 Website: the La Beer Epoque website, accessible via www.labeerepoque.be.

 

1.3 Customer: the natural or legal entity, whether or not acting as a pursuit of profession or business that enters an agreement with KA LAB and/or has registered on the website.

 

1.4 Agreement: Agreement is made when Customer has successfully made a payment and an ‘Order Confirmation’ has been sent from KA LAB to the Customer electronically. These Terms and Conditions are an integral part of the Agreement, and Customers are asked to agree to them before the payment process starts.  In the case of payment by bank transfer, agreement is made when Ka Lab has acknowledged receipt of bank transfer payment from the Customer, and has issued Order confirmation.

 

1.5 Terms and Conditions: the currently applying Terms and Conditions.

 

2.1 Applies to all Offers, Agreements and Deliveries of KA LAB, unless explicitly agreed otherwise in writing.

 

2.2 In case specific product terms or terms of service also apply in addition to the General Terms and Conditions, these terms apply as well, however, Customer can in case of conflicting terms always rely on the applicable provision that is most favourable to him.

 

2.3 Terms or conditions set by Customer that are deviating from, or do not occur in these General Terms and Conditions are only binding if, and insofar KA LAB has explicitly accepted them in writing.

 

 

 

 

3.1 All list prices of products and services on the Website are including Belgian VAT and, unless specified otherwise on the website, other levies imposed by the government.

 

3.2 In case shipping costs are charged, this will be clearly and timely stated before conclusion of the Agreement. Furthermore these costs will be displayed in the order process.

 

3.3 The content of the website is composed with utmost care. KA LAB however, cannot guarantee that all information available on the website is accurate and complete at all times. All prices and other information on the Website and in other materials derived from KA LAB are therefore subject to manifest programming and typing errors.

 

3.4 KA LAB cannot be held responsible for (colour) deviations due to monitor quality.

 

3.5 KA LAB shall at its best adhere to the product specifications as laid out in the product description.  However, handmade products as they are, KA LAB cannot guarantee that physical attributes of the products, in particular size, weight, colour and scent are adhered to precisely.  Nevertheless, concerns of deviation from specifications are clearly displayed where appropriate.

 

4.1 The Agreement is established at the time of acceptance of the offer of KA LAB by the Customer and meets the corresponding conditions laid down by KA LAB.

 

4.2 In case the Customer has accepted the offer electronically, KA LAB shall confirm the receipt of the acceptance of the offer electronically by issuing an Order Confirmation notification. As long as the receipt of this acceptance has not been confirmed, Customer has the option to terminate the Agreement.

 

4.3 If it emerges that with the acceptance, or entering to the Agreement otherwise, inaccurate data was provided by the Customer, KA LAB has the right to fulfil its duties only after the right information is received.

 

4.4 KA LAB can notify within the law if Customer can meet its payment, as well as all the facts and factors that are important to a sound conclusion of the Agreement. If KA LAB on the basis of this investigation has sound reasons for not entering into the Agreement, it is entitled to refuse an order.

 

4.5 KA LAB reserves the right to refuse orders without stating the reasons.

 

 

5.1 In order to optimally use the Website, Customer can register via the registration form/account logon option on the Website.

 

5.2 During the registration procedure the Customer chooses a user name and password, with which one can log on to the Website. Customer is responsible for choosing a sufficiently reliable password.

 

5.3 Customer must keep his credentials, username and password strictly confidential. KA LAB is not liable for misuse of the credentials and may assume that the Customer that logs on to the account is the owner of the account. All actions made via the account of Customer, is the responsibility and risk of Customer.

 

5.4 In case Customer suspects that credentials have come into unauthorized hands, he must alter the credentials as soon as possible and/or inform KA LAB regarding the issue so that KA LAB can take appropriate measures.

 

 

6.1 When KA LAB has received an order, KA LAB ships the products in compliance with the alleged in paragraph 3 of this Article as soon as possible.

 

6.2 KA LAB is entitled to engage third parties for the execution of duties deriving from the Agreement.

 

6.3 The initial delivery period of stock products is 2 to 6 business days with reference to the shipping schedule published on the website. The mode of delivery can occur in different ways and is at the discretion of KA LAB.

 

6.4 In case KA LAB is unable to deliver the products within the agreed period, it will inform the Customer. Customer can agree with a new delivery period or is given the option to terminate the Agreement free of charge.

 

6.5 KA LAB recommends Customer to inspect the received products and to report the defects found within a reasonable period, preferably in writing. See further the Article regarding guarantees and conformity.

 

6.6 As soon as the products are delivered at the provided address, the risks of the delivered products pass on to Customer. If Customer decides to pick up his products, the risk passes to Customer with the transfer of the products.

 

6.7 KA LAB is entitled to deliver a similar product of similar quality in case a product is no longer available. Customer will be notified before delivery and customer can agree with the new product or is given the option to terminate the Agreement free of charge.

 

7.1 The consumer Customer has the right to inform KA LAB that he renounces the purchase, without penalty and without giving any reason, within 14 calendar days from the day following the delivery of the goods and this subject to the exceptions referred to in Article 9 of these general conditions of sale (see below).
 
7.2 The provisions of this article are only applicable to consumer customers who purchase items online. This right of withdrawal does not belong to the professional buyer.
 
7.3 The consumer Customer has the right to inform KA LAB that he/she renounces the purchase, within 14 days from the day following the delivery date of the product, without penalty and whatever the reason. To exercise his right of withdrawal, the consumer customer must notify the seller of his decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail).
 
7.4 In the event of withdrawal from this Agreement by the Consumer Customer, KA LAB shall refund all payments received, including, where applicable, delivery costs (with the exception of additional costs arising from the fact that the purchaser has chosen, where applicable, a method of delivery other than the less expensive standard method of delivery offered by KA LAB) without undue delay and, in any event, no later than fourteen days after notification of withdrawal. However, the refund will, in any case, be deferred until receipt of the goods.
 
7.5 KA LAB reserves the right to no longer sell products to a consumer customer who has clearly abused his right of withdrawal in the past (e.g. by repeatedly using this right in order to harm KA LAB).
 
7.6 Only unused goods in their original and intact packaging will be taken back. They must be accompanied by a copy of the invoice and the withdrawal form dated and signed.
 
7.7 The costs of returning the goods are to be borne by the consumer customer.
 
7.8 The consumer customer who has purchased products online does not have the right to cancel the purchase, in particular in the following cases
– Offers valid while stocks last,
– The supply of goods made to the specifications of the consumer customer or clearly personalized,
– The supply of goods likely to deteriorate or expire quickly;
– The supply of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer customer after delivery;
– The supply of goods which, after being delivered, and because of their nature, are indissociably mixed with other articles;
– Vouchers or coupons that have been exchanged or completed.
 

8.1 Customer must make payments to KA LAB according to the ordering process and the possibly specified payment methods on the Website. KA LAB is free in its choice of the provision of payment methods and may change these from time to time.

 

8.2 All payments are in Euros and due at the time of order confirmation.

 

8.3 Customer requesting to pay via bank transfer shall receive a pro-forma invoice.  Any bank charges induced by bank transfer should be borne by the Customer.  KA LAB reserves the rights not to issue Order Confirmation if the payment received does not match exactly with the pro-forma.  Partial payments will be considered as down payment, and shall be shown in the Order Confirmation.  Delivery will take place when full payment is made.

 

9.1 KA LAB guarantees that the soap products comply with the Agreement with the conditions stated in the specifications of the product description.  On the other hand, Customer are expected to ensure optimal storage and usage conditions as stated on our products’ packaging to ensure the proper functioning and lifespan of the product. Customer shall read all declarations of ingredients and precautions provided before application of the product and address any query to KA LAB  before using the products.  KA LAB does not guarantee that the product is suitable for other than normal use.

 

9.2 In case the delivered ‘Companion’ product does not conform with the Agreement, Customer must notify KA LAB within a reasonable period after discovering the lack thereof.

 

9.3 In case KA LAB deems the complaint valid, after consultation with customer the relevant products will be repaired (for textile products), replaced or refunded. The said unconformity must not be subject to improper use.  The maximum compensation is, in accordance with the Article on liability equal to the price paid by the customer for the product.

10.1 In case Customer has a complaint about a product (in accordance with Article 9) and/or other aspects of the services of KA LAB, he can submit a complaint to KA LAB by phone, email or mail. See contact details below General Terms and Conditions.

 

10.2 KA LAB replies as soon as possible, but in any case within five days after receipt of the complaint. In case it is not possible to provide a substantive or definite response within five days after receipt of complaint, KA LAB will within five days after receive of the complaint confirm receipt and provide an indication of the period within which it expects to provide a substantive or definite response to the complaint of Customer.

 

 

11.1 This Article only applies if Customer is a natural person or legal entity that acts in exercise of his profession or business.

 

11.2 The total liability of KA LAB against Customer due to imputable shortcomings is limited in compliance with the Agreement to reimburse up to the amount of the price stipulated in the Agreement (including VAT).

 

11.3 Liability of KA LAB towards the Customer for indirect damage, which in any case specifically – but not exclusively – including consequential damages, lost profits, lost savings, loss of data and loss due to business interruption is excluded.

 

11.4 Besides the previously stated situations in the two paragraphs of this Article, KA LAB has no single liability towards Customer for compensation regardless of the reason on which an action for damages would be based. The restrictions mentioned in this article will expire if and so far as damage is the result of intentional or gross negligence of KA LAB.

 

11.5 The liability of KA LAB to Customer for accountable shortcomings in the performance of an agreement only arises if Customer KA LAB submits without delay and duly in writing, setting a reasonable period for remedying the shortcomings, and KA LAB continues to fail shortly in the performance of its obligations. The notice of default must contain as detailed a description of the shortcoming, so that KA LAB is able to respond adequately.

 

11.6 The condition for the occurrence of any right to compensation is always that Customer shall report the damage to KA LAB as soon as possible, but not later than 30 days after the date of its creation.

 

11.7 In case of force majeure, KA LAB shall not be liable for compensation for any delay in delivery or damage caused to Customer.

12.1 As long as Customer has not fulfilled the payment for the total agreed amount, all delivered products remain in the ownership of KA LAB.

13.1 KA LAB processes the inter alia of Customer in compliance with the on the Website published privacy statement (General Data Protection Statement).

14.1 The Belgian law is applicable to the Agreement.

 

14.2 As far as rules of mandatory law do not stipulate otherwise, all disputes that may arise as a result of the Agreement will be submitted to the competent Belgian court in the district where KA LAB is located.

 

14.3 In case a provision in these Terms and Conditions appears to be void, this does not affect the validity of the entire Terms and Conditions. The parties will in that case replace (a) new provision (s), which will allow as much as possible the purpose of the original provision.

 

14.4 Under “written”, also communication per e-mail and letters is understood in these Terms and Conditions, provided that the sender’s identity and integrity of the e-mail or letters are sufficiently secure.

Contact details .Should you need more information, do not hesitate to get in contact with us. 

 

KA LAB 

Office and workshop

rue de Stalle 260, 1180 Brussels, Belgium

E-mail infos@labeerepoque.be

VAT BE0748.410.329

 

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