Each order applies as acceptance by the Buyer of our general terms and conditions, which constitute an integral part of the agreement, to the exclusion of all other general or special terms and conditions coming from the Buyer, unless expressly stipulated to the contrary in writing.
2. Offers and acceptance of the order
All of our offers are without engagement. We are only bound by an order after we have confirmed it in writing or after we have begun working on its execution. The information about the products and the pricing, as well as the detailed order information, is drawn up and communicated under reservation of change and correction.
Products are only delivered in the countries for which the website indicates that delivery can be made. As far as possible the delivery of products will be made within the period that is indicated in the individual order confirmation. Erroneously communicated delivery addresses are the responsibility of the Buyer and can give rise to extra costs. Unless otherwise stipulated, our prices do not include the transport and delivery of the goods to the Buyer. The transport and delivery costs are stated separately. The mentioned delivery periods are not binding, but are given merely as an indication. Possible delays in delivery may under no circumstances give rise to cancellation of the purchase or to the payment of damages to the benefit of the Buyer, except in the event of intentional delay. We reserve the right to make partial deliveries. In the event of non-delivery of the goods, any sums paid by the Buyer shall be reimbursed without interest or other compensation.
Tenzij de overeenkomst het uitdrukkelijk voorziet, moet de onderneming de goederen leveren door fysieke overdracht van deze goederen aan de consument ten laatste 30 dagen na de sluiting van de overeenkomst (WER Boek VI art. 43). Het verzenden van de goederen gebeurt op risico van de onderneming, tenzij het vervoer verzekerd wordt door een vervoerder aangeduid door de consument en deze keuze niet was aangeboden door de onderneming. Door toepassing van het WER Boek VI artikel 44, voor de overeenkomsten waarbij de onderneming de goederen opstuurt naar de consument, gaat het risico op verlies over op de consument: bij de levering van het goed aan de vervoerder die niet aangeboden was door de onderneming, onverminderd de rechten van de consument ten aanzien van deze vervoerder; wanneer de consument of een door hem aangewezen derde en die niet de vervoerder is, het goed fysiek in bezit neemt.
4. Reservation of title
The delivered goods remain our property until full payment of the price, including all costs, charges, late-payment interest and compensations. In the event of non-payment we reserve the right to take back the goods, ipso jure and at the Buyer´s expense.
Complaints must be reported by e-mail or by telephone before anything is sent back. Goods returned otherwise will not be accepted. The goods can be sent afterwards in the event of latent defects, within 8 days after discovery of the defect or after the time when such discovery could reasonably have taken place. The acceptance of the goods by the Buyer covers any possible defect or non-conformity which could have been determined at that time. In the event of return, the shipping costs are borne by the buyer.
Our warranty is limited to the guarantee for latent defects and the guarantee in the event of consumer sale, both provided for in the Civil Code. We are only responsible for damage which is the result of intent or gross error. We are not liable for general or special indirect damage, of whatever kind, suffered by the Buyer.
7. Right of renunciation
Within the framework of the remote sale to consumers falling within the scope of application of the Act of 14 July 1991, the consumer has the right to communicate to the seller that he renounces the purchase, without payment of a penalty and without needing to give a reason, within seven working days from the day following the delivery. In the event that the consumer invokes this possibility, he must send the goods back at his own risk and expense to Gauquie. Goods which are specifically designed for the Buyer or which can degrade quickly are not taken back, and the Buyer thus cannot avail himself of the renunciation clause.
8. Force majeure
We are not liable for a delay in the execution or for a non-execution of our obligations due to events beyond our normal control, such as production interruptions, difficulties with the supply or shortages of raw materials, workers, energy or transport or delays in transport, strikes, lock-outs, work stoppages or other collective labour disputes, which affect either ourselves or our suppliers, and this even if these events are foreseeable.
9. Prices and payment
The invoices are payable at our registered office, Gauquie, on the due date, net without discount, unless stated otherwise on the invoice. To be receivable, any complaint concerning the invoices must be formulated in detail by registered letter within three (3) days after receipt of the invoice. In the event of overdue payments, interest will be charged at the rate of 1 % per month on the outstanding invoice amounts, ipso jure and without any preliminary formal notice of default being necessary, as of the invoice date. In the event of non-payment and if a reminder sent by ordinary letter has remained without effect for 14 days, in addition to this a lump-sum compensation will be owed in the amount of 10 % of the outstanding amounts. For any complete or partial non-payment of an invoice on the due date or any other breach by the Buyer of his obligations under the agreement, we reserve the right, ipso jure and without notice of default, to suspend the execution of all agreements with the Buyer or to terminate them with immediate effect, without the need for any judicial intervention, as well as to demand immediate payment of all debts, even those not yet due, or to make the delivery only in exchange for cash payment, notwithstanding earlier agreements and without prejudice to any other rights that we can enforce. The failure to take immediate action against a fault of the Buyer may under no circumstances be regarded as a waiver on our part of the right to invoke this fault at a later time.
10. Personal details
By ordering on the website of La Pomme de Loveley, the Buyer expressly agrees to the processing and use of his/her personal details for purposes such as the administration of the customer database, the management of the orders, deliveries and invoices, the monitoring of solvency, marketing and advertising. The processing for marketing purposes and the individualised advertising takes place only if the customer has expressly granted his approval during the ordering process. La Pomme de Loveley may not turn over the details to third parties. The Buyer has the right to inspect and correct all details relating to him. The Buyer has at all times the right to object, at no expense, to the processing for direct marketing purposes. For more information, the Buyer is invited to consult the public register maintained by the Privacy Protection Commission in Brussels.
All Parties accept electronic proof (for example: e-mail, backups, etc.) within the framework of their relations.
If one article of these conditions should be declared to be null and void, such invalidity will not affect the validity of the other articles.
13. Applicable law
All agreements concluded with the Seller are governed by Belgian law. The Belgian courts have exclusive jurisdiction.