Terms & Conditions

1. General provisions

 

These terms and conditions define, without prejudice to the possible application of any specific conditions provided for in writing and in a specific manner, the respective obligations of the contracting parties in connection with sales made by Louise Kopij (hereinafter referred to as "the seller"). By signing the Purchase Agreement or Purchase Order, by validating the order via the website or via e-mail, the buyer expressly acknowledges that he has read these general conditions and has accepted them. Only derogations subject to written agreement from us may change the application of these terms and conditions. In the event of any conflict between the general terms and conditions of our professional contractors and ours, it is agreed that these terms and conditions shall prevail.


2. Validity of offers

 

Unless otherwise stipulated in writing, the period of validity of our offers is 6 months from the date of issue.


3. Specific orders

 

Any special order (that is to say, which concerns a property to be realized "to measure" or which modifies a product resulting from our collections and proposed to the sale as such) which is entrusted to us engages us only after written acceptance or via e-mail from us. In case of unilateral cancellation of an order by the customer, we reserve the right to claim compensation equal to 30% of the total amount of the order. Each order will be subject to a different invoice and delivery. If a buyer makes several orders, he may, at his request, have the seller group the orders on a single invoice and group the deliveries to reduce the delivery costs charged to him.


4. Modification of Orders


The changes made by the customer, to its initial order, or to our offer issued according to the initial order of the customer, will only be valid if we have accepted them and confirmed them, in writing or via e-mail. If the ordered and accepted modifications could not be made to the object, for a reason that does not constitute a case of force majeure (non-limiting example of force majeure: unavailability of the desired item) , the customer can withdraw his purchase without charge within a period of 14 days from the moment he was informed of the impossibility of making the desired changes. In case of purchase from the customer despite the impossibility of doing the desired changes, no additional cost will be charged to the customer's account. If the customer has suffered a particular damage as a result of the non-modification, he may claim a reduction on the selling price of the object, which will be made by specific agreement with the seller.

 

 

5. Deadlines

 

The deadlines set for our services or deliveries are, unless otherwise stipulated in view of the nature of the order, from 2 to 3 weeks from the date of confirmation of the order. If a longer period should be necessary because of the specificity of the order, a special agreement will be established by mutual agreement with the customer.
If a delivery time is imperative, it must be clearly specified by the customer when ordering. In this case, the buyer may, when the delivery is late, claim compensation for the damage suffered as a result of the delay, which will be made by agreement with the seller.
The following circumstances exonerate us from any delay:

 

- cases of force majeure (including, in particular, strikes, technical incidents, delays of suppliers and shortage of workforce),

 

- if the payment terms are not respected,

 

- if changes have been decided by the client during work, which modify the initial order,

 

- if the customer does not provide us with the information desired and requested by us within the period specified.
The customer has a period of 10 days from the receipt of the order confirmation to pay it on account BE09 0017 2532 5357. No order will be delivered before receipt of payment.


6. Deliveries - transport

 

The goods must in principle be removed by the buyer at the headquarters of our company, within the time fixed by mutual agreement. When delivery is our responsibility, this is done by the means of our choice, unless  the customer expressly requests about the delivery method. Delivery costs are borne by the customer, as well as the risks and perils related to it, except fraud or gross negligence on our part or that of our attendants. If the buyer fails or refuses to take delivery of the goods ordered, we reserve the right to demand performance of the contract or to consider, after prior notice, the contract as being terminated by full right - unless the right of withdrawal is applied (cf. Art. 9).


7. Price

 

Prices shown are in Euros TVAC. They do not include shipping and delivery costs.


8. Payment

 

Invoices are payable at our head office no later than 10 days after shipment. After this period, any unpaid invoice will produce, as of full right and without formal notice, a conventional interest rate of 12% per year. Any invoice unpaid at the end of the term will, in addition, be increased, by full right and without formal notice, of a fixed and irreducible indemnity of 15% of the amount remaining unpaid with a minimum of € 50.00 per invoice. Any dispute relating to an invoice must be sent to us in writing and by registered mail, within fifteen days of sending it. The consumer as defined by the Code of Economic Law may require, by reciprocity, the benefit of the application of the indemnities and interests to the extent and conditions laid down by this clause, in case of nonperformance of our obligations.


9. Withdrawal period of the customer

 

Without prejudice to Article VI.53 of the Code of Economic Law, the customer has a period of 14 days to withdraw from his purchase, without having to justify his decision. The return costs are the responsibility of the customer and he commits, given the fragile nature of the products sold, to ensure that they are protected from transport risks.
The withdrawal period expires:

 

- after a period of 14 days from the day the customer or a third party other than the carrier and designated by the customer physically takes possession of the goods,

- in the case of multiple goods ordered by the customer in a single order and delivered separately, from the day the customer or a third party other than the carrier and designated by the customer physically takes possession of the last good;

- in the case of the delivery of a property consisting of lots or multiple parts, from the day the customer or a third party other than the carrier and designated by the customer physically takes possession of the last batch or piece.
In order to exercise his right, the customer completes and returns to the seller the form mentioned in Appendix 2 of the Code of Economic Law which he can download on our site, via the tab " Right of withdrawal "


10. Warranty

 

The products will be supposed to be approved by the buyer at least five calendar days after delivery, unless specific and detailed claim that he notify us before the expiry of this period by registered letter or e-mail. The approval will cover all apparent defects and lack of conformity, that is to say all those it was possible for the buyer to detect at the time of delivery or within five calendar days that followed by an attentive and serious check. We guarantee the products we sell against hidden defects for a period of 24 months from delivery.
The implementation of the guarantee is subject to the following conditions:

 

- the defect renders, to a significant extent, the product unfit for the use for which it is usually intended or for a special use expressly mentioned in the particular conditions of the sale,

 

- the product has been improperly assembled,

 

- the product is used under normal conditions,

 

- the instructions of maintenance and use communicated during the delivery were respected,
If a modification, disassembly or repair has been carried out by a third party who is not part of our team, we reserve the right to check if the defect is not related to  this third party’s intervention. If this is not the case, we guarantee the property under the legal warranty (see below). If the defect results from the fact of the third party, the customer will be returned to the third party and will lose the benefit of the guarantee that we offer.
In order to invoke the benefit of the guarantee, the buyer must notify us of any complaint relating to hidden defects by registered letter or e-mail within a maximum of two months after he has noticed or should noramlly have noticed the defects.
Our warranty is limited to free repair, replacement of defective goods, adequate price reduction or contract resolution, at the customer's choice.
The buyer must return the defective product in our establishments at his own expense and at his own risk, in order to have it repaired or replaced. We will take charge of the cost of return to the buyer and refund the shipping costs in our establishments to the buyer if the part to which the guarantee applies turns out to be actually defective of our fact or fact not attributable to the buyer.
In accordance with Article 1649quater, §2 of the Civil Code, the consumer is required to inform the seller of the existence of a lack of conformity within a period of two months from the day the consumer has noticed the defect.

 

11. Termination-Resolution the wrongs of a co-contractor

 

The foregoing stipulations do not contain any waiver of our right to claim, at our convenience, in the event of non-payment or non-compliance by our contractual partner of its contractual obligations, the resolution or termination of the agreement with damages. In case of termination-termination of the contract to the wrongs of a co-contractor, it will be due to the other a lump sum of 30% of the total price.



12. Litigation

 

In case of dispute between commercial parties or lawsuits in payment, are only competent the courts on which depends our head office, that is to say the courts of the borough of Liege.

 

For consumers, in accordance with the requirements of Article 624 of the Judicial Code:

 

Except where the law expressly determines the judge competent to hear the application, it may, at the option of the applicant, be brought:
  1 ° before the judge the domicile of the defendant or one of the defendants;

 

  2 ° before the judge the place in which the obligations in dispute or one of them arose or in which they are, have been or must be executed;

 

  3 ° before the judge the domicile elected for the execution of the act;

 

  4 ° before the judge the place where the bailiff has spoken to the person of the defendant if he or, where appropriate, none of the defendants has domicile in Belgium or abroad.

 


13. Severability clause

 

The invalidity or illegality of one of the clauses provided for in the contracts (specific and general conditions) agreed between the parties does not entail any invalidity or nullity of the other conditions of the contract concluded between the parties - clauses remaining fully valid.