Terms and conditions

1. GENERAL PROVISIONS
The present General Conditions of Sale, revisable at any time, apply to all the orders placed and services carried out by LA BUSINESS SA, whose registered office is established at Rue des Tongres 58 1040 Etterbeek, registered at the ECB under the 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 essential condition, the acceptance without reserve of the present general conditions which supplement the particular conditions possibly contained in our offers, purchase orders and contracts.
In the event of contradiction between the possible general conditions of the customer and those of BUSINESS SA, it is agreed that the latter will prevail.
The application of the present general conditions constitutes a determining condition of the consent of BUSINESS SA unless expressly waived in writing.

2. ORDER
Any order entrusted to BUSINESS SA is only binding after written confirmation by BUSINESS SA. Any offer that BUSINESS SA issues is made without any commitment on its part.
Changes made by the contracting party to his order form or to the offer will only be valid if BUSINESS AG has expressly accepted them and confirmed them in writing.
In the event of unilateral cancellation of an order by the contracting party, BUSINESS SA reserves the right to demand compensation equal to 30% of the total amount of the order, with a minimum of €125.00, without prejudice to its right to claim a higher actual loss in court.

3. DEADLINES
The deadlines that may be set for services or deliveries are given, unless otherwise stated, only as an indication.
If a deadline is imperative, it must be clearly specified as such on the order form, in which case BUSINESS SA will reconfirm the possibility of honouring or not the customer’s wish.
The following circumstances release 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 the course of work;
– if the customer does not provide the desired information within the specified period;
– if the customer does not provide the textile if it is to be provided by the customer;

4. PRICE AND PAYMENT
The customer is obliged to pay BUSINESS SA the price, the terms of which are defined in the offer or at the time of the order or, failing that, in the invoice issued by BUSINESS SA.
The prices are denominated in euros and are exclusive of all costs which are charged to the Customer.
The invoices are payable in cash at the registered office of BUSINESS SA.
After this period, any unpaid invoice will produce, automatically and without formal notice, a conventional interest of 12% per annum, with a minimum rate in accordance with that envisaged by article 5 of the law of August 2, 2002 relating to the delays of payment in the commercial transactions.
Any unpaid invoice on the due date will, in addition, be increased, by right and without formal notice, by a fixed and irreducible compensation of 10% of the amount remaining unpaid with a minimum of 100.00 euros per invoice.
Any dispute relating to an invoice must reach BUSINESS SA in writing within eight days of it being sent. Failing this, the invoice will be presumed to have been accepted by the Customer.
The lodging of a complaint does not give the right to defer payment for 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 BUSINESS SA of a precise and detailed complaint.
The approval will cover all apparent defects and faults of conformity, i.e. all those which it was possible for the contracting party to detect at the time of delivery by a careful and serious control.
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 renders the goods to a significant extent unfit for the use for which they are usually intended or for a special use expressly mentioned in any special conditions of sale.
To be able to invoke the benefit of the guarantee, the customer must notify BUSINESS SA of 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. BUSINESS SA can proceed to the reimbursement of the Customer if it cannot proceed to the replacement of the said 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 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 BUSINESS SA of the existence of a lack of conformity within a period of two months from the day on which the consumer noticed the defect.

7. RIGHT OF WITHDRAWAL
With regard exclusively to 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 sent back or are likely to deteriorate or to expire quickly, it is specified as follows:
“The consumer does not have the right to renounce the purchase.

8. INTELLECTUAL PROPERTY
The Customer shall refrain from taking any action that would challenge the validity of the intellectual property rights of BUSINESS SA, whatever their nature, relating to its distinctive signs, its Products and its brand on any medium whatsoever.

9. FORCE MAJEURE
The occurrence of any event such as, in particular, all interruptions of production, transport or delivery, strikes, lock-outs, embargoes, wars, terrorist attacks or consequences of attacks, shortage of raw materials, epidemics, bad weather and more generally, any event of similar nature provided for 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
BUSINESS SA may 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 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 services involves the processing by BUSINESS SA of personal data managed by the Customer, BUSINESS SA 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 BUSINESS SA to claim, at its discretion, in the event of non-payment or in the event of non-compliance by the contracting party with its contractual obligations, the cancellation or termination of the agreement with damages.
The fact that 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, interpretation and/or execution of the contract concluded between BUSINESS NV and the customer will be exclusively submitted to the courts of Brussels.
The applicable law is Belgian law, to the exclusion of any other law.