Dutch
Terms and Conditions
Terms & Conditions
Table of contents
Article 1. Definitions
Article 2. Identity of the entrepreneur
Article 3. Applicability of General Terms and Conditions
Article 4. Prices
Article 5. The Agreement
Article 6. Payment methods
Article 7. Consequences of not paying on time
Article 8. Right of complaint
Article 9. Right of withdrawal
Article 10. Retention of title
Article 11. Delivery and execution
Article 12. Packaging and shipping
Article 13. Warranty
Article 14. Third-party indemnification
Article 15. Complaints
Article 16. Liability Lavistique
Article 17. Images of the Customer
Article 18. Expiration period
Article 19. Right to rescission
Article 20. Force majeure
Article 21. Change General Terms and Conditions
Article 22. Transfer of rights
Article 23. Consequences of nullity or voidability
Article 24. Applicable law and competent court
Article 1. Definitions
In these terms and conditions shall apply:
Lavistique
the general partnership with the trade name Lavistique.
Client
The natural or legal person who enters into an Agreement with Lavistique. The term Customer includes, but is not limited to, the Consumer.
Consumer
The natural person who is not acting in the exercise of a profession or business and who enters into an Agreement with Lavistique.
Parties
The Client and Lavistique together.
Agreements)
A Distance Contract between Lavistique and the Customer that is concluded via the Website in the context of an organized system for the distance sale of Products, any amendment or addition thereto, as well as all (legal) acts in preparation for and for the execution of the Agreement.
Products)
The article or articles that is or will be delivered to the Customer by the conclusion of the Agreement between Lavistique and the Customer.
Example(s)
Customized (digital) sample(s) of the Product, which is or will be submitted to the Customer after the Agreement has been concluded. The example contains one Figure or several Figures.
Figure or Figures
The face or faces of people and/or animals incorporated into the Sample and Product. The figure or figures are produced on the basis of the images submitted by the Customer.
Terms & Conditions
These General Terms and Conditions.
Website
The Lavistique Website, on which the Agreement between Lavistique and the Customer is concluded, without the Customer and Lavistique having to be in the same room at the same time. The Website can be consulted at www.lavistique.nl.
Day (s)
Calendar day(s).
Article 2. Identity of the entrepreneur
Name
Lavistique
PO Box
Osloweg 57
9723 Bra Groningen
The Netherlands
Email address
service@lavistique.com
VAT identification number
NL827349348B01
Article 3. Applicability of General Terms and Conditions
These General Terms and Conditions apply to every offer and every Agreement that has been concluded.
Parties can only deviate from these conditions if they have expressly agreed in writing.
The parties expressly exclude the applicability of additional and/or deviating General Terms and Conditions of the Customer or of third parties.
Article 4. Prices
All prices that Lavistique uses are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
All prices that Lavistique uses for its Products on its Website or that are otherwise made known may be changed by Lavistique at any time.
Article 5. The Agreement
An Agreement is only concluded when the Customer has placed an order via the Website and Lavistique has sent an order confirmation to the Customer by e-mail.
The Agreement includes, in addition to the delivery of the Product, the delivery of a Sample. The provision of a Sample is therefore inextricably linked to the Agreement. The costs per delivered Example are at least € 10,00, which amount depends on the number of Figures used in the Example.
Article 6. Payment methods
Lavistique accepts the following payment methods:
- iDEAL
- Klarna
- Visa
- Mastercard
- Teacher
- Paypal
- Bancontact
- Belfius
Article 7. Consequences of not paying on time
If the Customer does not pay within the agreed term, Lavistique is entitled to charge an interest of 1% per month from the Day that the Customer is in default, whereby part of a month is counted as a whole month.
If the Customer is in default, he also owes extrajudicial collection costs and any compensation to Lavistique. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the Customer does not pay on time, Lavistique may suspend its obligations until the Customer has fulfilled its payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the Client, Lavistique's claims against the Client are immediately due and payable.
If the Customer refuses to cooperate in the execution of the Agreement by Lavistique, he is still obliged to pay the agreed price to Lavistique.
Article 8. Right to complain
As soon as the Customer is in default, Lavistique is entitled to invoke the right of complaint with regard to the unpaid Products delivered to the Customer.
Lavistique invokes the right of advertising by means of a written or electronic communication.
As soon as the Customer has been informed of the invoked right of complaint, the Customer must immediately return the Products to which this right relates to Lavistique, unless the Parties agree otherwise.
The costs of retrieving or returning the Products will be borne by the Customer.
Article 9. Right of withdrawal
The Products personalized for the Consumer that are delivered to the Consumer by entering into the Agreement are excluded from the Right of Withdrawal pursuant to Article 6:230p of the Dutch Civil Code.
If Lavistique agrees without obligation to the revocation of an Agreement, Lavistique, contrary to the provisions of art. 6:230r, first paragraph of the Dutch Civil Code, is entitled to withhold € 10,00 per supplied Figure in an Example from the amount to be refunded in order to compensate for the supplied Example or the supplied Examples.
Article 10. Retention of title
Lavistique remains the owner of all delivered Products until the Customer has fully complied with all its payment obligations towards Lavistique under any Agreement concluded with Lavistique, including claims for failure to perform.
Until then, Lavistique can invoke its retention of title and take back the goods.
Before ownership has passed to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the Products.
If Lavistique invokes its retention of title, the Agreement will be deemed dissolved and Lavistique will be entitled to claim compensation, lost profit and interest.
Article 11. Delivery and execution
The delivery times published by Lavistique on the Website are indicative. This means that these terms are never strict deadlines and exceeding them can never lead to the right to dissolution or compensation. The delivery time starts at the moment the Agreement is concluded.
If the agreed amounts are not paid or are not paid on time, Lavistique has the right to suspend its obligations until the agreed part has been paid. In case of late payment, there is a default of creditors, with the result that the Customer cannot object to Lavistique a late delivery.
Delivery takes place at the address specified by the Customer and the transport costs must be paid by the Customer, unless otherwise agreed. The Customer must ensure that the actual delivery of the Product ordered by him can take place on time.
Article 12. Packaging and shipping
If the packaging of a delivered Product is opened or damaged, the Customer must have a note drawn up by the forwarder or delivery person before receiving the Product, failing which Lavistique cannot be held liable for any damage. .
If the Customer himself arranges for the transport of a Product, he must report any visible damage to the Product or the packaging to Lavistique prior to transport, failing which Lavistique cannot be held liable for any damage.
Article 13. Guarantee
The warranty in respect of Products only applies to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the Product, negligence or incompetent use by the Customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the Products that are the subject of an Agreement between the Parties transfers to the Customer at the time when they are legally and/or actually delivered, or at least come under the control of the Customer or of a third party who takes delivery of the Product on behalf of the Customer.
Buyer protection is observed as follows:
We can do everything we can to ensure that the result is completely satisfactory. If the customer still does not find the result to his liking, we will refund the full amount.
The quality guarantee is only applied if the product is not of good quality. This does not apply to a photo that the customer has sent us. The customer is fully responsible for the quality of the photo.
Article 14. Third-party indemnification
The Customer indemnifies Lavistique against all third-party claims related to the Products delivered by Lavistique.
Article 15. Complaints
The Customer must examine a Product or service provided by Lavistique as soon as possible for any shortcomings.
If a delivered Product or service does not comply with what the Customer could reasonably expect from the Agreement, the Customer must inform Lavistique of this as soon as possible, but in any case within one (1) month after the discovery of the shortcomings. .
Consumers must notify Lavistique of this within two (2) months after discovery of the shortcomings.
The Customer provides as detailed a description as possible of the shortcoming, so that Lavistique is able to respond adequately.
The Customer must demonstrate that the complaint relates to an Agreement between the Parties.
If a complaint relates to ongoing work, this can in any case not lead to Lavistique being obliged to perform other work than has been agreed.
Article 16. Liability Lavistique
Lavistique is only liable for any damage suffered by the Customer if and insofar as that damage is caused by intent or willful recklessness.
If Lavistique is liable for any damage, it is only liable for direct damage arising from or related to the performance of an Agreement.
The Customer indemnifies Lavistique from all liability with regard to color deviations in the Product compared to the Sample. The Sample is delivered digitally and the Product is a tangible good. Color differences can occur due to, among other things, the incidence of light and appearance.
Lavistique is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
If Lavistique is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.
All images, photos, colours, drawings, descriptions on the Website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the Agreement and/or suspension of any obligation.
Article 17. Images of the Customer
The images provided by the Customer when ordering are used to design the Sample and the Product. The Customer indemnifies Lavistique from all liability for the provision of incorrect images by the Customer; this is the Customer's responsibility. The supply of incorrect images includes, but is not limited to: the supply of images that are subject to copyright and the supply of images, of which it appears after the Sample or Product has been produced that the Customer has mistakenly sent an incorrect image.
Article 18. Expiration period
Any right of the Customer to compensation from Lavistique expires in any case twelve (12) months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Article 19. Right to rescission
The Customer has the right to terminate the Agreement if Lavistique imputably fails to fulfill its obligations, unless this failure does not justify termination due to its special nature or minor significance.
If the fulfillment of the obligations by Lavistique is not permanently or temporarily impossible, dissolution can only take place after Lavistique is in default.
Lavistique has the right to dissolve the Agreement with the Customer if the Customer does not fully or not timely fulfill its obligations under the Agreement, or if Lavistique has become aware of circumstances that give it good grounds to fear that the Customer will not fulfill its obligations. will be able to comply properly.
Article 20. Force majeure
In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure by Lavistique in the fulfillment of any obligation with regard to the Customer cannot be attributed to Lavistique in a situation independent of Lavistique's will, as a result of which the fulfillment of its obligations towards the Customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from Lavistique.
The aforementioned force majeure situation also includes - but is not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a force majeure situation occurs as a result of which Lavistique cannot fulfill one or more obligations to the Customer, those obligations will be suspended until Lavistique can meet them again.
From the moment that a force majeure situation has lasted at least thirty (30) Days, both Parties may dissolve the Agreement in writing in whole or in part.
Lavistique does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.
Article 21. Change General Terms and Conditions
Lavistique is entitled to amend or supplement these General Terms and Conditions.
Changes of minor importance can be made at any time.
Lavistique will discuss major substantive changes with the Customer in advance as much as possible.
Article 22. Transfer of rights
Rights of the Customer under an Agreement between the Parties cannot be transferred to third parties without the prior written consent of Lavistique.
This provision applies as a stipulation with property law effect as referred to in Section 3:83(XNUMX) of the Dutch Civil Code.
Article 23. Consequences of nullity or voidability
If one or more provisions of these General Terms and Conditions prove to be invalid or voidable, this will not affect the other provisions of these Terms and Conditions.
In that case, a provision that is null or voidable will be replaced by a provision that comes closest to what Lavistique had in mind when drafting the conditions on that point.
Article 24. Applicable law and competent court
Dutch law applies exclusively to every Agreement between the Parties.
The judge of the Zeeland-West-Brabant District Court has exclusive jurisdiction to hear any disputes between the Parties, unless the law prescribes otherwise.