1. GENERAL PROVISIONS
These General Conditions of Sale, which may be revised at any time, apply to all orders placed and services provided by LA BUSINESS SA, whose head office is established at Rue des Tongres 58
1040 Etterbeek, registered with the ECB under number BE0453.241.309, directly or through our representatives and agents.
Any order accepted by LA BUSINESS SA, as well as any contract concluded with it, necessarily implies, as an essential condition, the unconditional acceptance of these general conditions which supplement any particular conditions contained in our offers, order forms and contracts. .
In the event of conflict between any general conditions of the client and those of LA BUSINESS SA, it is agreed that the latter shall prevail.
The application of these general conditions constitutes a determining condition for the consent of LA BUSINESS SA, unless expressly waived in writing.
2. ORDER
Any order entrusted to LA BUSINESS SA is only binding after written confirmation from it. Any offer made by LA BUSINESS SA is made without any commitment on its part.
Changes made by the co-contractor to his order form or to the offer will only be valid on condition that LA BUSINESS SA has expressly accepted and confirmed them in writing.
In the event of unilateral cancellation of an order by the co-contractor, LA BUSINESS SA reserves the right to demand compensation equal to 30% of the total amount of the order, with a minimum of € 125.00, except its right to claim higher real damage in court.
3. DEADLINES
Any deadlines set for services or deliveries are given, unless otherwise stated, for guidance only.
If a deadline is imperative, it must be clearly specified as such on the order form, in which case LA BUSINESS SA will reconfirm the possibility of honoring or not, the customer’s wish.
The following circumstances release LA BUSINESS SA from these mandatory deadlines:
– cases of force majeure, as referred to in Article 9 hereof;
– if the payment conditions are not respected, without a formal notice being necessary;
– if changes are decided by the customer during work;
– if the customer does not provide the desired information within the time limit that may be specified;
– if the customer does not supply the textile if it must be made available by the customer;
4. PRICE AND PAYMENT
The Customer undertakes to pay LA BUSINESS SA the price, the terms of which are defined in the offer or when ordering or, failing that, in the invoice issued by LA BUSINESS SA.
The prices are denominated in euros and are understood to exclude all costs which are the responsibility of the Customer.
Invoices are payable in cash at LA BUSINESS SA head office.
After this period, any unpaid invoice will produce, as of right and without formal notice, a contractual interest of 12% per annum, with a minimum rate in accordance with that provided for by article 5 of the law of 2 August 2002 relating to late payments in commercial transactions.
Any unpaid invoice on the due date will also be increased, automatically and without formal notice, by a fixed and irreducible indemnity of 10% of the amount remaining unpaid with a minimum of 100.00 euros per invoice.
Any dispute relating to an invoice must reach LA BUSINESS SA in writing within eight days of its dispatch. Otherwise, the invoice will be presumed to have been accepted by the Customer.
The lodging of the complaint does not give the right to defer payment for the goods supplied intact.
5. GUARANTEE
The products are presumed to be approved by the Customer eight calendar days at the latest at the time of delivery, unless he notifies LA BUSINESS SA of a precise and detailed complaint.
The approval will cover all the apparent defects and defects of conformity, i.e. all those which it was possible for the contracting party to detect at the time of the delivery by a careful and serious control.
LA BUSINESS SA guarantees the products it delivers against hidden defects for a period of three months from delivery.
The guarantee can only be implemented if the defect makes the good unfit for the use for which it is usually intended or for a special use expressly mentioned in the particular conditions of the sale.
To be able to invoke the benefit of the guarantee, the customer will have to notify to LA BUSINESS SA any complaint relating to possible hidden defects by registered letter at the latest within 8 days of the discovery of these defects.
The guarantee is limited to the replacement of the defective goods. LA BUSINESS SA will be able to proceed to the refunding of the Customer if it cannot proceed to the replacement of the aforementioned delivered goods.
The Customer acting for non-professional purposes benefits from the legal rights under the law of September 1, 2004 relating to the protection of the consumers in the event of sale of consumer goods. The present commercial guarantee applies without prejudice to his rights.
In accordance with article 1649 quater § 2 of the Civil Code, the consumer is obliged to inform LA BUSINESS SA of the existence of a lack of conformity within a period of two months as from the day when the consumer has noticed the defect.
7. RIGHT OF WITHDRAWAL
Concerning exclusively services relating to the supply of perishable goods, or goods made according to the specifications of the consumer or clearly personalized or which, because of their nature, cannot be forwarded or are likely to deteriorate or to expire quickly, it is specified what follows:
“The consumer does not have the right to renounce the purchase.
8. INTELLECTUAL PROPERTY
The Customer is forbidden to make acts of nature to dispute the validity of the intellectual property rights of LA BUSINESS SA, whatever their nature, relating to its distinctive signs, its Products, and its mark on any support whatsoever.
9. FORCE MAJEURE
The occurrence of any event such as in particular, all interruptions of production, transport or delivery, strikes, lock-outs, embargos, wars, terrorist attacks or consequences of attacks, insufficiency of raw materials, epidemics, bad weather and more generally, any event of similar nature envisaged by the jurisprudence affecting the parties or their supplier and delaying or making impossible the execution of their respective obligations, suspend the execution of their respective obligations.
The party invoking such an event shall notify the other party by registered mail within eight days of the proof of its occurrence. The performance of its obligations will be suspended until the other party is notified of the end of the event, it being understood that neither party may claim any compensation from the other party.
If the force majeure lasts more than 60 days, each party shall have the right to terminate it by notifying the other party.
10. SUBCONTRACTING
LA BUSINESS SA can subcontract all or part of the execution of the sale to a third party without the prior written agreement of the customer. Within this framework, the subcontractor engages its only responsibility in the execution of the services which it carries out and the customer is consequently prohibited from claiming from LA BUSINESS SA any compensation for a direct/ or indirect damage which it would have undergone in the execution of these.
11. PROCESSING OF PERSONAL DATA
If the provision of the services involves the processing by LA BUSINESS NV of personal data managed by the Customer, LA BUSINESS NV will carry out this processing in accordance with the Belgian law of 8 December 1992 on the protection of privacy in the processing of personal data and the European regulation 2016/679.
The customer acknowledges clearly the possibility of collection, registration and use by the provider of personal data concerning him and those of his own customers. This collection of data is of a purely contractual nature.
The customer is also informed that he can at any time ask the Provider to access the data communicated, to ask for the rectification or deletion of these, or at least to obtain a limitation of the processing. He may also object to the processing if it is unlawful, or at least obtain that his data be brought to him in execution of his right to data portability.
In the event of problems arising from the processing of his personal data, the customer is informed that he can lodge a complaint with the national supervisory authority, the data protection authority.
12. GENERAL
The preceding stipulations do not contain any waiver of the rights of LA BUSINESS SA to claim, at its discretion, in the event of non-payment or in the event of non-observance by the contracting party of its contractual obligations, the resolution or the cancellation of the agreement with damages.
The fact that LA BUSINESS SA decides, at a given time, not to apply one of the clauses of these general conditions of sale on line or the Legal notices, does not involve in no case final renunciation of these clauses.
The invalidity of any provision of these terms and conditions shall not affect the effective application of the remaining provisions.
Any changes to these terms and conditions are applicable to new orders.
13. JURISDICTION – APPLICABLE LAW
Any dispute relating to the validity, the interpretation and/or the execution of the contract concluded between LA BUSINESS SA and the customer will be exclusively submitted to the courts of Brussels.
The applicable law is the Belgian law, excluding any other law.