Terms and Conditions

Terms and Conditions

Table of Contents

Article 1.                                              Definitions

Article 2.                                              Identity of the entrepreneur

Article 3.                                              Applicability of General Terms and Conditions

Item 4.                                              Prices

Article 5.                                              The Agreement

Article 6.                                              Payment methods

Article 7.                                              Consequences of not paying on time

Article 8.                                              Right of advertising

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 dissolution

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 the following definitions 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.

Agreement(s)
A Distance Contract between Lavistique and the Customer concluded via the Website within the framework of an organized system for the distance selling of Products, any modification or addition thereon, as well as all (legal) acts in preparation for and for the implementation of the Agreement

Product(s)
The article or articles that is or will be delivered to the Customer by the conclusion of the Agreement between Lavistique and the Customer.

Sample(s)
Customized (digital) sample(s) of the Product(s) that will be sent to the Customer after the Agreement has been concluded. or be discussed. 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 the Product. The figure or figures are produced on the basis of the images submitted by the Customer.

General Conditions
These General 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

Postal address
Badhuisstraat 18
4703 BH in Roosendaal
The Netherlands

Phone number
+31 (6) 20 02 36 76

Email address
info@lavistique.nl

Chamber of Commerce number
80524230

VAT identification number
NL861701495B01

 

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 terms and conditions if they have expressly agreed so in writing.

The parties expressly exclude the applicability of additional and/or deviating General Terms and Conditions of the Customer or of third parties.

 

 

 

Item 4. Prices

All prices applied by Lavistique are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated or agreed otherwise.

All prices on Lavistique's products for its Products on its Website or otherwise made known to Lavistique may change 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
  • Maestro
  • 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 the Customer is in default, whereby part of a month is counted as a whole month.

When 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 Customer, the claims of Lavistique against the Customer are immediately due and payable.

If the Customer refuses to cooperate with the execution of the Agreement by Lavistique, he is still obliged to pay the agreed price to Lavistique.

 

Article 8. Right of advertising 

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 for the collection or return of 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 is, in derogation of 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 Examples supplied.

 

Article 10. Retention of title 

Lavistique  remains the owner of all delivered Products until the Customer has fully complied with all its payment obligations with regard to 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  has the right 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 the event of late payment, there is a creditor's default, with the result that the Customer cannot object to Lavistique for a late delivery.

Delivery will take 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 & Shipping

If the packaging of a delivered Product is opened or damaged, the Customer must notify the forwarder or. to have the delivery person make a note, failing which  Lavistique  cannot be held liable for any damage.

If the Customer takes care of the transport of a Product himself, 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. Warranty

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 passes to the Customer at the moment when they are legally and/or actually delivered, or at least come under the control of the Customer. or from a third party who takes delivery of the Product on behalf of the Customer.

 

Article 14. Third-party indemnification

The Customer indemnifies Lavistique against all third-party claims related to the Products supplied 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 Lavistique must inform the Customer of this as soon as possible, but in any case within one (1) month after the discovery of the shortcomings. to notify.

Consumers must inform  Lavistique  at the latest within two (2) months after the 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 will only be liable for direct damage arising out of 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 to 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 from 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 manufactured 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 dissolution

The Customer has the right to dissolve the Agreement if Lavistique imputably fails to fulfill its obligations, unless this shortcoming 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 taken cognizance of circumstances that give it good grounds to fear that the Customer will not be able to properly fulfill its obligations.

 

Article 20. Force majeure

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure of Lavistique  in the fulfillment of any obligation towards the Customer cannot be attributed to Lavistique  in a situation independent of the will of Lavistique , 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 above-mentioned force majeure situation also includes - but is not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance 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 arises as a result of which Lavistique cannot fulfill one or more obligations towards the Customer, those obligations will be suspended until Lavistique er can fulfill them again.

From the moment that a force majeure situation has lasted at least thirty (30) Days, both Parties may dissolve the Agreement in whole or in part in writing.

Lavistique is not owed any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation

 

Article 21. Change General Terms and Conditions

Lavistique is entitled to change 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 as much as possible in advance.

 

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 Article 3:83, second paragraph 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 General Terms and Conditions.

A provision that is null or voidable is in that case 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

All Agreements between the Parties are exclusively governed by Dutch law.

The judge of the Zeeland-West-Brabant District Court has exclusive jurisdiction to hear any disputes between the Parties, unless the law prescribes otherwise.

 

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