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General terms of sale of Lamett Europe nv

  1. In order to commit our company every order must be confirmed in our office.

  2. We take all useful steps in order to respect the terms of delivery and we do not accept any delay penalty.

  3. A delay in the delivery may not in any case lead to a cancellation of the order.

  4. The goods are dispatched at the own risks of the consignee.

  5. Prices mentioned on the invoice are no commitment for future deliveries & prices. All confirmed prices shall be subject to a unilateral modification based on objective factors, such as (but not limited to) extreme alterations and fluctuations in the cost of the used raw materials, transport and energy prices, for example due to a natural disaster or a global pandemic. An extreme alteration of prices is considered a change of more than 6% over a period of the past 3 months. The prices shall be altered pro rata the actual modification of the prices regarding the raw materials, transport and energy.

  6. In order to be valid any complaint must be made in writing to our company, at the latest within the 5 days following receipt of the goods.

  7. All the invoices are to be paid in Deerlijk.

  8. Our agents or representatives do not have authority to collect the amount of the invoice except explicit stipulation.

  9. The risk of change is chargeable to the buyer.

  10. In the absence of any express written provision to the contrary, all invoices are payable at last 30 days after delivery. The full amount of the invoice needs to be paid without any deduction of costs.

  11. Any amount unpaid on the due date shall, automatically and without prior notice, bear interest at a rate 2% above the Belgian legal interest rate, with a minimum interest rate of 12%.

  12. We reserve the right to increase by 10% the amount of any invoice unpaid on the due date.  The minimum amount of any such increase shall be the lump sum of 50 EUR.

  13. Should an invoice remain unpaid on the due date, all invoices shall immediately become due for payment, regardless of their original date of maturity.

  14. Should the buyer fail to honour his engagements, we may proceed to the cancellation of the contract. Such action shall in no way limit or prejudice our rights to claim damages.

  15. If in our opinion there is a deterioration in the creditworthiness of the buyer on account of measures of judicial execution against the buyer and/or other negative demonstrable events, we reserve the right to suspend all or part of any contracts in operation and to ask the buyer to provide such guarantees as we may deem proper to ensure the fulfilment by the buyer of his engagements under the contract.  Such request may be made before or after the delivery of all or part of any order.  Should the buyer fail to meet any reasonable demand for such a guarantee, we shall  have the right to cancel all or part of any contracts in operation.  Such action shall not in any way limit or prejudice our other rights for damages and interests.

  16. Nothwithstanding delivery and the passing of risk, property in and title to the goods, including full legal and beneficial ownership, shall remain with us until we have received payment of the full price of (a) all goods and/or services the subject of the contract and (b) all other goods and/or services supplied by us to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the buyer and us.

    The buyer shall be entitled to transform the goods or to incorporate them in a new product or products.  In that case we reserve to ourself the legal and equitable title to the final product or products into which the goods are incorporated or mixed.  The buyer shall store the final products separately and property of these products shall remain with us until full payment will have been made to us for the goods.

    The buyer may sell the goods in the normal course of his business but on condition that the buyer, in a fiduciary capacity as bailee of the goods, and for so long as he has not fully discharged his debt to us, shall hold and pursue claims for the proceeds of their sale equal to the price of the goods for and on behalf of us.  The buyer shall fully pursue such claims and if necessary shall recover the sums due by legal process.  The buyer shall if so required by us, allow us to conduct in the buyer’s name legal proceedings in respect of the monies due on the sale of the goods.  Any sums recovered by us a result of such proceedings (including sums accepted by us in settlement thereof whether or not equal to the sums claimed) shall be applied to the payment of the monies due to us from the buyer and then to the reasonable costs incurred by us in the course of such proceedings.  Any balance remaining shall be paid to the buyer.

    Prior to the sale of the goods, the buyer shall, so far as reasonably practicable, store the goods separately from similar goods of the buyer, mark the goods as our property and shall not remove, obliterate or in any manner alter any label, mark or other means we may have of identifying the goods.

  17. The conditions of this contract shall not be modified in any way by the drawing or acceptance of a bill of exchange or by any other arrangement, nor shall any such act constitute a novation.

  18. Disputes arising out of this contract shall be referred to the Courts of Kortrijk, Belgium or, at our discretion, to the Courts having jurisdiction at the buyer’s domicile.

General conditions of Lamett Europe nv

This website is the property of Lamett Europe NV.

Registered Office:

Ter Donkt 2
8540 Deerlijk
Belgium
Telephone: +32 (0) 56 77 45 15
Accessibility: From Monday – Friday from 08.30 – 17.00
E-mail: info@lamett.eu 
Company number: BTW BE 0871.715.244
BNP Paribas Fortis
IBAN (for international transfers): BE66 0015 3569 8643
BIC/SWIFT: GEBABEBB
The General Conditions as stated here, apply to all products offered for sale on the Lamett webshop and for all deliveries. Every order implies the general conditions of sale are accepted.
Only Belgian Law applies to the General Conditions of Lamett Europe NV.

The customer has the right to inform the seller to renounce the purchase, without having to pay a fine and without having to state the reasons, within 14 calendar days following the delivery of the goods or the making of the deal.

Purchase and payment

  • The agreement between Lamett Europe NV and the buyer is realised as soon as the buyer has accepted the conditions made by Lamett Europe NV and agreed with them. The lack of a traditional signature does not affect the obligatory character of the offer and its acceptation.

  • Lamett Europe NV has the right to refuse an order to subject it to extra conditions, for instance for huge orders, orders placed by minors, when the order procedures have not been completely executed or when previous orders have caused problems.

  • Lamett Europe NV will always confirm the order by e-mail. As long as a confirmation e-mail has not been received by the customer, the order is not valid.

  • Payment of products bought at Lamett Europe NV can exclusively be made by money transfer or one of the other available methods of payment.

  • The seller remains the owner of the goods till payment has been completed.

  • To guarantee safe online payment and the safety of your personal data, transactions are sent over the Internet locked and secured by SSL technology. To execute payment through SSL, no extra software is needed.

  • When payment is not made in due time, Lamett Europe NV has got the authority to cancel the agreement immediately or to delay (further) delivery of the goods till full payment has been made.

  • The General conditions and the confirmation mails are always stated in the language of the website.

  • The delivery times stated by Lamett Europe NV are approximately correct but are not ultimate deadlines.

  • The ultimate delivery time is 30 days after receiving the order, except when payment is made by transfer: in this case the ultimate delivery time is 30 days after receiving the payment.

  • In the case of temporary unavailability of a product, we will clearly indicate when it will be available again.

  • As soon as the goods have been delivered at the delivery address, the risk concerning these products is the purchaser’s responsibility.

  • For deliveries abroad the general conditions can be different.

  • Lamett Europe NV delivers in Europe.

  • Deliveries are made exclusively through a courier service, unless,previous to the agreement, another way of delivery was agreed upon. Contact information of the courier service can be found on the following site: www.bpost.be.

  • You will be informed about shipping and delivery costs before your purchase is confirmed. If shipping costs cannot be calculated automatically, this will be mentioned and /or an estimation of the shipping costs will be forwarded.

Product information

  • We provide as accurately as possible information, images, oral information, price quotes concerning the goods offered and the main characteristics of the goods given by phone or e-mail. Lamett Europe NVdoes not accept responsiblity for advice it has provided, printing errors on the website or technical information provided by suppliers or manufacturers.

  • The products offered by Lamett Europe NV comply with legal standards and can be sold online.

  • Possibly Lamett Europe NV includes in its website links to other sites that could be interesting or informative for the visitor. These links are of an exclusively informative nature. Lamett Europe NV is not responsible for the contents of these sites, nor for its use.

Time for reflection and returns (Law on buying by mail order)

  • The Belgian Bill of Law on Commercial Practice, the Information and Protection of the Customer of April 12 2010, states that the purchaser has a time for reflection of 14 calendar days for all products bought from Lamett Europe NV.
    This period starts as soon as you or someone assigned by you has received the goods. During this period we expect you to handle the goods and the package material carefully. The right to cancel the purchase is not possible when the product and the package material are no longer original, undamaged and unused.

  • When you want to cancel the purchase, you must inform us by phone or by letter within 14 calendar days following the day of delivery of the goods. Cancelling the purchase is not subject to any fines and a reason must not be given. More information about cancelling or returning goods can be found in the section cancelling, returning and exchanging on our website.

  • The goods must be returned undamaged, unused and unopened (in their original packaging) at the very latest 14 days after delivery. The shipping date is the control date. All documentation, certificates of guarantee and packing materials must be added to the return shipment, as well as the number of your bank account. The purchaser pays the shipping costs of the returned goods. Understamped or not stamped shipments are always refused and will be sent back to the purchaser.

  • Lamett Europe NV returns the complete amount of the purchase, including shipping costs, within 30 days after the goods have been returned. If goods have not been returned in accordance with the conditions of the right to cancel, the amount of the purchase except the shipping costs, will not or not completely be returned. The product , in this case, remains your property. On your demand the goods can be sent back to you on the condition of payment of the shipping costs.

  • Repayment is not possible when a product has been worn or is damaged in any other way.

  • Goods must be returned to the following address:
    Lamett Europe NV
    Ter Donkt 2
    8540 Deerlijk
    Belgium

Faults/defects

  • The customer is obliged to control the goods thoroughly immediately after receiving them. He has to control whether the goods are conform to the agreement:

  • Have the correct goods been delivered?

  • Do the delivered goods comply with the agreed quality specifications, or –if no specifications were made – to the standards that can be expected for normal use of the goods?

  • When a clear, manifest fault is found it must be reported to Lamett Europe NV within 7 working days after delivery.

  • A hidden fault must be reported within 2 working days after discovering it, in writing by e-mail to info@lamett.eu. This must happen at the latest 2 months after delivery of the products.

  • The costs for returning the goods that do not comply with the description of the offer will be borne by Lamett Europe NV.

Circumstances beyond our control

  • These are all external causes, anticipated or not, and on which Lamett Europe NV cannot exert any influence, yet which make it impossibly for Lamett Europe NV to meet its commitments

  • Lamett Europe NV has the right to appeal to ‘Circumstances beyond our control’ if the circumstances that make it impossible to meet its commitments occur after Lamett Europe NV should have met its commitments.

  • In such a situation delivery and other obligations of Lamett Europe NV are cancelled. If this period is longer than 8 weeks, both parties can undo the agreement, without any obligation of compensation.

Prices

  • Before settling the bill you are notified of the price of the goods. All prices are in euro and include VAT. Shipment costs are mentioned separately.

  • Agreeing a price with the customer does not omit the right of Lamett Europe NV to raise the price.

  • Offers are valid as long as the goods are in stock.

  • If a price is risen after the agreement was made, the customer can cancel the agreement, independently from the percentage of the raise.

  • A personal offer has a validity of 2 weeks, unless another period has been stated on the offer.

Rights of intellectual ownership

The contents of this site, including brands, logos, drawings, data, names of products or companies, texts, images etc. are protected by intellectual rights and belong to Lamett Europe NV or third parties who own the rights.

Questions and complaints

  • Complaints and disputes must be made within 7 days after delivery. If a complaint is accepted our liability is limited to exchanging the goods. The liability of the seller is limited to the amount paid for every order.

  • Lamett Europe NV will deal with questions or complaints within the reasonable period of 7 calendar days.

Disagreements

  • Exclusively Belgian Law applies on all offers and agreements, without giving effect to any principles of law.

  • All disagreements originated by offers or deals made by Lamett Europe NV shall be filed only before the authorized Court of Justice at Kortrijk, unless an imperative statutory provision indicates another jurisdiction as authorized.

Limitation of the liability

The information on the website has got a general character. It has not been adapted to personal or specific circumstances and therefore cannot be considered as personal, professional or legal advice to the customer.
Lamett Europe NV makes every possible effort to provide correct, accurate and up-to-date information. In spite of these efforts inaccuracies can occur in the information, provided on the website. If the information is inaccurate or if parts of the information is unavailable on the website, Lamett Europe NV will do its utmost to rectify this without delay.

However, Lamett Europe NV cannot be held liable for direct or indirect damage caused by the information on this site.

If you find inaccuracies in the information provided by this site you can contact the administrator.

The contents of this site, including the links, can be adapted, changed or completed without previous announcement. Lamett Europe NV cannot guarantee the good operation of this site and cannot be held responsible for a bad operation, temporarily unavailability of the site, or for any damage caused by access to, or use of the website.

Lamett Europe Nv can never be held responsible directly or indirectly for damage caused by the use of this site or other sites, especially as a consequence of links or hyperlinks, including all loss, interruption of work, damage to programmes and other computer system data, machinery programmes or other of the user.

The website can contain hyperlinks to sites or pages of third parties or refer to these indirectly. Putting the links to these sites or pages does not imply any approval of their contents.
Lamett Europe NV clearly states it has got no control over the characteristics of these sites and can never be held responsible for the contents or the characteristics of them, nor for any damage caused by using them.