Terms & Conditions
TERMS AND CONDITIONS(USA)
You have connected to the website of www.LANOUBA.net or www.lanouba.be.
In doing so, you agree to accept these General Terms and Conditions. These General Terms and Conditions are applicable to all orders placed through LANOUBA INC USA and or LANOUBA BELGIUM.
Any business transacted with LANOUBA INC USA or LANOUBA BELGIUM will be governed exclusively by these General Terms and Conditions.
A. Provisions governing the issuance of orders and conclusion of contracts
Article 1. Acceptance of General Terms and Conditions
Once a user (the "customer") has filled out the site order form and confirmed the order (the order is confirmed by clicking on confirmation of order) then this will result in the full and binding acceptance of these General Terms and Conditions which will be the only terms applicable to the contract thereby entered into.
Article 2. Order confirmation and conclusion of contract
The site contains at all times a commercial offering of sale of certain products, but this shall not be construed as a legally binding permanent offer. a contract is only concluded when and if LANOUBA INC USA confirms the order.
LANOUBA INC USA will accept the order once the payment has been confirmed in accordance with Article 3 of these General Terms and Conditions.
Article 3. General Obligations of the parties
3.1 Obligations of LANOUBA INC USA
LANOUBA INC USA undertakes, once the order has been accepted, to sell the chocolates set forth on the order (the "Products") and to deliver the Products ordered to the address indicated by the Customer.
In relation to the above, LANOUBA INC USA undertakes to place the Products with an Express courier not later than one hundred and eighty six (168) hours after the order has been accepted.
3.2 Obligations of the customer
The customer shall clearly indicate the address and the phone number where the products have to be delivered during business hours.
The customer undertakes to pay the stated price for the products (price of the products include transport), as well as to pay, or have paid, directly to the carrier any additional amount that might arise due to custom duties, value added tax or other taxes due upon import into the country where the Products are delivered. LANOUBA INC USA will pay all duties for its US customers.
Article 4. Specific Provisions
4.1 Price, Invoice
The total price (the "Price") shown by LANOUBA INC USA on the order is definitive. The price includes: the price of the products, handling costs, packaging, transport and all taxes applicable to exporting the products outside Belgium.
The Price will be in US dollars.
LANOUBA INC USA only accepts Visa or MasterCard. Once the order has been accepted, the Customer will be charged in US dollars.
At the express demand of the customer, LANOUBA INC USA will issue an invoice. The customer must indicate the address where the invoice is to be sent
4.2 Transport - Delivery - Delivery Schedule.
Unless the customer has failed to make payment for any reason, the products will be delivered to the address indicated within a period of one to eight days (only working days taken into account).
The delivery time given to the customer by LANOUBA INC USA may vary depending on the country involved..
In case delivery is made and nobody is at the indicated address to accept delivery, the carrier will leave a note indicating that it was unsuccessful in making the delivery and that the customer should come to recover the products at a location specified by the carrier. LANOUBA INC USA will not, for any reason, be held liable for any deterioration in the products due to a customer\'s failure to collect the products in a timely manner.
4.3 Transfer of Risk.
The transfer of risk of the products takes place when LANOUBA INC USA gives the products to the carrier.
4.4 Qualification upon Receipt - No returns - Limited Rights to Reimbursement/Replacement.
The customer can only make a claim if the products delivered do not conform to the quantity ordered or if the packaging containing the products is seriously damaged.
The claim must be made in writing to the carrier at the time of delivery. A copy must be sent to LANOUBA INC USA (e-mail or fax) no later than twelve (12) hours after the claim was made. With the claim, the customer shall supply the carrier\'s confirmation of the validity of the customer\'s claim.
No returns of products will be accepted.
If the above procedures are respected, and the claim is proven to be valid due to the packaging and are the products being seriously damaged, LANOUBA INC USA at their choice will either reimburse the customer the price or replace the products at LANOUBA INC USA expense.
If the delivery is not in conformity with the quantity ordered, LANOUBA INC USA will reimburse the difference in the price between the products ordered and those delivered only if those delivered are sold for less than those ordered and paid for.
No claim will be accepted with respect to the taste, appearance or freshness of the products.
4.5 Limited Guarantee
LANOUBA INC USA guarantees that the products are made in Belgium and that they have taken all the necessary care and attention to assure they correspond to the description that is given on the site at the date the order was made. LANOUBA INC USA guarantees that the products are of good quality and were fresh when given to the carrier.
The above is the only warranty given by LANOUBA INC USA. No other warranties, whether express or implied, are given. In particular, LANOUBA INC USA does not warrant that the products correspond to the specific expectations of the customer.
4.6 Liability - Limitation of Liability
The customer is personally liable for its choice of products and after delivery is entirely responsible for the conservation and consumption of the products.
In this regard, the customer is hereby notified that the products will last 20 weeks if the products are kept in perfect conditions (between 15 and 18 degrees Celsius or 59 and 64 degrees Fahrenheit) and warns the customer to check if the products have deteriorated as a result of heat, transport or any other cause. (LANOUBA INC USA will not be held liable for damage resulting from any of these causes.)
Also, LANOUBA will not be held liable for not respecting any laws or regulations in the country where the products are delivered. LANOUBA is only liable for complying with Belgian regulations relating to the Products.
In any event, the liability of LANOUBA INC USA is limited to the lesser of the following amounts: 1) the direct damage suffered by the customer or 2) the price of the order irrespective of the basis on which LANOUBA INC USA liability may be assessed.
C. Invalidity - Force Major - Applicable law - Competent Courts
If any one of the clauses of these General Terms and Conditions are, for whatever reason, declared invalid or invalidated for any reason, this will not affect the application or the validity of the other clauses. The clause declared invalid, or invalidated, will be replaced by the disposition closest to that clause.
Neither LANOUBA INC USA nor the customer will be held liable for any failure to perform their obligations as a result of a force major beyond their control, including but not limited to the following: war, riot, insurrection, interruption of transport systems, problems relating to export and import, strikes, lock-out, shortage of products, fire, earthquakes, storms or floods.
These General Terms and Conditions are governed exclusively by US law. All litigation or disputes between the parties shall be brought only before the competent court in New York.