Terms and Conditions
Article 1. General
Laouta Benelux supplies B2B & consumers at home and abroad. These conditions apply to the articles offered in the online shop of Laouta Benelux and by placing an order in our online shop or by e-mail, the following conditions are accepted
Article 2. Prices
All prices in this webshop are in Euros, including VAT and excluding shipping costs. The VAT does not apply to orders outside the EU for B2B customers and will be deducted from the total price.
Laouta Benellux has the right to change the prices of its products at any time.
Laouta Benelux has the right at all times to determine that certain products will only be delivered from a minimum quantity.
Laouta Benelux has the right to refuse an order at any time.
Article 3. Payment
Laouta Benelux accepts payments via PayPal, credit cards (Mastercard & American Express), IDEAL and prepayments by bank. All credit card payments are subject to authorization by your credit card company and Laouta Benelux cannot be held responsible for any delay or non-delivery of the products due to refusal of payment by your credit card company.
Article 4. B2B customers
The shipment of the order only starts after the invoice has been paid. Laouta Benelux makes every effort to ship the order within 2-3 working days.
If shipment cannot take place within the set period, Laouta Benelux cannot be held responsible. Exceeding the agreed delivery term never gives the buyer the right to (partial) non-fulfilment of any obligation towards Laouta Benelux, expressly including payment obligations, nor any claim to compensation, unless there is intent or gross negligence on the part of Laouta Benelux.
The moment of making the products available to the Buyer, warehouse or other storage location counts as the moment of delivery and the moment at which the risk of the products passes from Le Beach to the Buyer.
The Buyer is obliged to check the products as soon as he has received them. The Buyer must, among other things, check whether the products comply with the quality and quantity of what has been agreed between the Parties.
Complaints about the quantity must be reported to Laouta Benelux in writing within 3 days after receipt of the products.
Complaints about the quality must be reported in writing to Laouta Benelux by the buyer within two months after delivery, which period is regarded as an expiry period.
Products considered defective by Laouta Benelux will be replaced or the sales price will be refunded to the buyer at no extra cost, to the exclusion of any other liability for damage.
Products may only be returned with written permission from Laouta Benelux without any acknowledgment of liability.
If it has been agreed between the parties in writing that a shipment delivered by Laouta Benelux and accepted by the Buyer will be returned, Laouta Benelux will refund the sales price less costs incurred such as shipping, handling and administration costs.
If Laouta Benelux should be held liable, then any liability is limited to the invoice value of the agreement, or at least to that part of the agreement to which the liability relates.
Direct damage is exclusively understood to mean:
- the reasonable costs for determining the cause and extent of the damage;
- any reasonable costs incurred to have the defective performance of Laouta Benelux comply with the agreement;
- reasonable costs incurred to prevent or limit damage, insofar as Laouta Benelux demonstrates that these costs have led to limitation of the direct damage referred to in this article.
Any liability of Laouta Benelux for trading loss or other indirect damage suffered by the buyer and/or third parties, regardless of the cause, is expressly excluded.
The products supplied by Laouta Benelux have been extensively tested and comply with EU directives, but Le Beach cannot accept liability for situations in which users of the products use them improperly or may show an allergic reaction to the products.
If the buyer resells, delivers or otherwise transfers products, under whatever title, whether or not free of charge and whether or not in use, to another person, or makes them available to him, the buyer is obliged to indemnify Le Beach against all third parties . - claims of the parties for damage caused by or in connection with the Products delivered by Le Beach to the other party.
The Buyer must ensure that the Products ordered or already ordered and their packaging, manuals and other information meet the requirements set by the authorities in the country of destination.
The use of the Products in accordance with the requirements set by the government is at the risk of the Buyer.
Unless expressly agreed otherwise in writing, all legal claims to which these Buyer Terms and Conditions give rise are time-barred one year from the date of delivery.
The Products of Laouta Benelux may under no circumstances be resold by the Buyer to third parties other than Consumers.
The Products may not be offered through Third Party online marketplaces without written permission from Le Beach.
Laouta Benelux is not liable for any damage resulting from the transfer to third parties
Article 5. Intellectual property
The content, appearance and layout of the Laouta Benelux website, as well as all images, text and other elements contained therein, are the copyright of Laouta Benelux. It is not permitted to reproduce or publish these without the express written permission of Le Beach.
Damage caused as a result of copyright infringement is eligible for compensation.
Article 6. Retention of titleThe products delivered by Laouta Benelux remain the property of Laouta Benelux until the customer has fulfilled all his obligations under the agreement concluded with Laouta Benelux, Article 3:92 of the Dutch Civil Code.
If Laouta Benelux invokes the retention of title, the agreement is deemed to have been dissolved, without prejudice to the right of Laouta Benelux to claim compensation for damage, lost profit and interest.
As long as the ownership of the Products has not passed to the Buyer, he is not entitled to dispose of them in any way, to rent them out or to encumber them with a security right, except and insofar as this relates to the normal business operations of his company, except written permission from Laouta Benelux.
The buyer is obliged to store the products delivered under retention of title with due care and recognizable as the property of Laouta Benelux.
If the Buyer does not meet his payment obligations, he is obliged to make the products belonging to him available at the first request of Laouta Benelux without further notice of default. Laouta Benelux and its employees then have the right to enter the Buyer's premises to actually take possession of the delivered products.
Article 7. Force majeure
In the event that Laouta Benelux does not comply with the Agreement, which shortcoming is the result of force majeure, Laouta Benelux is entitled to suspend the implementation of the Agreement and is therefore not bound by any delivery time. Under no circumstances is the Buyer entitled to compensation for any damage.
In the event of force majeure, the parties will inform each other of such a situation as soon as possible.
A non-attributable shortcoming of Laouta Benelux force majeure includes in any case, but is not limited to:
a. damage due to natural disasters and/or storm damage
b. War, danger of war and/or any other form of armed conflict, including terrorism or the threat thereof in the Netherlands and/or other countries, which impedes the supply of goods or raw materials
c. strikes, forced closures, riots and any other form of nuisance and/or nuisance caused by third parties, which impedes the supply of goods or raw materials
d. loss of or damage to goods during transport by the carrier
f. shortages and/or malfunctions of means of transport, production equipment or energy supply
g. fire or accidents at Laouta Benelux
h. non-delivery or late delivery to Laouta Benelux by its suppliers.
During the force majeure situation, Laouta Benelux has the right to suspend and/or terminate its obligations without judicial intervention and without any obligation to pay compensation.
Article 8. Penalty
If the Buyer acts in violation of Article 4, 4 or 6 of the General Terms and Conditions, the Buyer will owe Laouta Benelux an immediately payable fine of € 50,000 per violation, to be increased by € 5,000 per day that the violation continues without any notice of default or notice of default being required. is required.
Laouta Benelux reserves the right to claim damage suffered by the Buyer.