Terms and Conditions
What to expect from us
Article 1 - Definitions
1. La Vie Maison: La Vie Maison, established in Helden under Chamber of Commerce no. 78470315.
2. Customer: the person with whom La Vie Maison has entered into an agreement.
3. Parties: La Vie Maison and customer together.
4. Consumer: a customer who is also an individual and acts as a private person.
Article 2 - Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and delivery of services or products by or on behalf of La Vie Maison.
2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
Article 3 - Prices
1. All prices charged by La Vie Maison are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
2. All prices that La Vie Maison charges for its products or services, on its website or that are otherwise made known, can be changed by La Vie Maison at any time.
3. Increases in the cost prices of products or parts thereof, which La Vie Maison could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
5. The price with regard to a service is determined by La Vie Maison on the basis of the hours actually spent.
6. The price is calculated according to La Vie Maison's usual hourly rates, applicable for the period in which it performs the work, unless a different hourly rate has been agreed.
7. If the parties have agreed on a total amount for the services provided by La Vie Maison, this is not always a target price, unless the parties have expressly agreed in writing on a fixed price, which cannot be deviated from.
8. La Vie Maison is entitled to deviate 10% from the target price.
9. If the target price is more than 10% higher, La Vie Maison must inform the customer in good time why a higher price is justified.
10. If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
11. La Vie Maison has the right to adjust the prices annually.
12. La Vie Maison will communicate price adjustments to the customer prior to its commencement.
13. The consumer has the right to cancel the agreement with La Vie Maison if he does not agree with the price increase.
Article 4 - Payments and payment term
1. La Vie Maison may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
2. The customer must make payments in arrears within 7 days after delivery of the product.
3. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without La Vie Maison having to send the customer a demand or notice of default.
4. La Vie Maison reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.
Article 5 - Consequences of late payment
1. If the customer does not pay within the agreed term, La Vie Maison 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 .
2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to La Vie Maison.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, La Vie Maison may suspend its obligations until the customer has fulfilled its payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, La Vie Maison's claims against the customer are immediately due and payable.
6. If the customer refuses to cooperate with the execution of the agreement by La Vie Maison, he is still obliged to pay the agreed price to La Vie Maison.
Article 6 - Right to complain
1. As soon as the customer is in default, La Vie Maison is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. La Vie Maison invokes the right of advertising by means of a written or electronic communication.
3. 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 La Vie Maison, unless the parties agree otherwise.
4. The costs for returning or returning the products are for the account of the customer.
Article 7 - Right of withdrawal
1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:
· The product has not been used
· The product is not damaged
It is not a product that is tailor-made or modified especially for the consumer
It is not a product that cannot be returned for hygienic reasons
The product is not a loose magazine or newspaper
It is not an (order for) emergency surgery
The consumer has not waived his right of withdrawal
2. The reflection period of 14 days as referred to in paragraph 1 starts:
· On the day after the consumer has received the last product or part of 1 order
Once the consumer has received the first product with a subscription
Once the consumer has purchased a service for the first time
Once the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can make his appeal to the right of withdrawal known via firstname.lastname@example.org, if desired using the withdrawal form that can be downloaded from the La Vie Maison website, laviemaison.com.
4. The consumer is obliged to return the product to La Vie Maison within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.
5. The costs for returns will only be borne by La Vie Maison if the entire order is returned.
6. If the purchase costs and any other costs (such as shipping and return costs) are eligible for a refund according to the law, La Vie Maison will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, on provided that the consumer has returned the product to La Vie Maison in time.
Article 8 - Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Article 9 - Right of retention
1. La Vie Maison can invoke its right of retention and in that case keep the customer's products in its possession until the customer has paid all outstanding invoices with regard to La Vie Maison, unless the customer has provided sufficient security for those costs. .
2. The right of retention also applies on the basis of previous agreements from which the customer still owes La Vie Maison payment.
3. La Vie Maison is never liable for any damage that the customer may suffer as a result of using his right of retention.
Article 10 - Settlement
Unless the customer is a consumer, the customer waives his right to set off a debt owed to La Vie Maison against a claim against La Vie Maison.
Article 11 - Retention of title
1. La Vie Maison remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards La Vie Maison under any agreement concluded with La Vie Maison, including claims for shortcomings in the compliance.
2. Until that time, La Vie Maison can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
4. If La Vie Maison invokes its retention of title, the agreement is deemed to have been dissolved and La Vie Maison has the right to claim compensation, lost profit and interest.
Article 12 - Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at La Vie Maison, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed amounts are not paid or are not paid on time, La Vie Maison has the right to suspend its obligations until the agreed part has been paid.
5. In the event of late payment, there is a default of creditors, with the result that the customer cannot object to La Vie Maison for a late delivery.
Article 13 - Delivery time
1. The delivery times specified by La Vie Maison are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts when the customer has completed the (electronic) ordering process and has received an (electronic confirmation) from La Vie Maison.
3. Exceeding the specified delivery time does not entitle the customer to compensation, nor to the right to dissolve the agreement, unless La Vie Maison cannot deliver within 14 days after receiving a written demand to do so or the parties have agreed otherwise.
Article 14 - Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Article 15 - Transport costs
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Article 16 - Packaging and dispatch
1. If the packaging of a delivered product is opened or damaged, the customer must make a note of this before taking delivery of the product, failing which La Vie Maison cannot be held liable. for any damage.
2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to La Vie Maison prior to transport, failing which La Vie Maison cannot be held liable for any damage.
Article 17 - Insurance
1. The customer undertakes to sufficiently insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:
Delivered goods that are necessary for the execution of the underlying agreement
Businesses of La Vie Maison that are present at the customer
· Goods delivered under retention of title
2. The customer makes the policy of this insurance available for inspection at La Vie Maison's first request.
Article 18 - Retention
1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
Article 19 - Assembly/Installation
Although La Vie Maison makes every effort to carry out all assembly and/or installation work as well as possible, it bears no responsibility for this, except in the case of intent or gross negligence.
Article 20 - Warranty
1. When the parties have entered into an agreement with a service-providing nature, this only contains obligations of effort for La Vie Maison, not obligations of results.
2. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
3. 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.
4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when these 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 21 - Performance of the agreement
1. La Vie Maison performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. La Vie Maison has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
4. It is the responsibility of the customer that La Vie maison can start the execution of the agreement on time.
5. If the customer has not ensured that La Vie Maison can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.
Article 22 - Provision of information by the customer
1. The customer makes all information, data and documents relevant for the correct execution of the agreement available to La Vie Maison in a timely manner and in the desired form and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
3. If and insofar as the customer requests this, La Vie Maison will return the relevant documents.
4. If the customer does not provide the information, data or documents reasonably required by La Vie Maison on time or properly and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer. .
Article 23 - Duration of the contract
1. Agreements are entered into for an indefinite period of time.
2. If an agreement has been entered into for a definite period, it will be tacitly converted into an agreement for an indefinite period after the expiry of the term, unless one of the parties terminates the agreement with due observance of a notice period of 2 months, or a consumer terminates the agreement. terminates with due observance of a notice period of 1 month, the agreement will end by operation of law.
3. If the parties have agreed on a term within the term of the agreement for the completion of certain activities, this is never a strict deadline. If this term is exceeded, the customer must give La Vie Maison written notice of default.
Article 24 - Intellectual property
1. La Vie Maison retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc. ., unless the parties have agreed otherwise in writing.
2. The customer may not copy, show to third parties and/or make them available or use them in any other way without the prior written consent of La Vie Maison.
Article 25 - Online purchase
By using https://www.laviemaison.com and/or other La Vie Maison web shops, the customer accepts that La Vie Maison uses technical, analytical and/or functional cookies. A cookie is a small text file that is stored on the buyer's computer to keep track of the buyer's actions on the web page and to recognize the computer. A cookie is not a program and does not contain viruses.
Article 26 - Penalty clause
1. If the other party violates the article of these general terms and conditions regarding confidentiality or intellectual property, then it forfeits an immediately due and payable fine for each violation for the benefit of the trade name.
If the other party is a consumer, this fine is € 1,000
If the other party is a legal person, this fine is € 5,000
2. In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that that violation continues.
3. No prior notice of default or legal proceedings are required for forfeiture of this fine. There is also no need for any kind of damage.
4. Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of La Vie Maison, including its right to claim compensation in addition to the fine.
Article 27 - Indemnification
The customer indemnifies La Vie Maison against all third-party claims related to the products and/or services supplied by La Vie Maison.
Article 28 - Complaints
1. The customer must examine a product or service provided by La Vie Maison as soon as possible for any shortcomings.
2. If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform La Vie Maison of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. set.
3. Consumers must inform La Vie Maison of this within 2 months after the discovery of the shortcomings.
4. The customer provides as detailed a description as possible of the shortcoming, so that La Vie Maison is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to La Vie Maison being obliged to perform other work than has been agreed.
Article 29 - Notice of default
1. The customer must notify La Vie Maison of any notice of default in writing.
2. It is the customer's responsibility that a notice of default actually reaches La Vie Maison (on time).
Article 30 - Customer joint and several liability
If La Vie Maison enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to La Vie Maison under that agreement.
Article 31 - Liability La Vie Maison
1. La Vie Maison is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
2. If La Vie Maison is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement
3. La Vie Maison is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
4. If La Vie Maison 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.
5. 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 32 - Expiration period
Any right of the customer to compensation from La Vie Maison expires in any case 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 33 - Right to rescission
1. The customer has the right to dissolve the agreement if La Vie maison imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
2. If the fulfillment of the obligation by La Vie Maison is not permanently or temporarily impossible, the dissolution can only take place after La Vie Maison is in default.
3. La Vie Maison has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if La Vie Maison has become aware of circumstances that give him good grounds to fear that the customer will not be able to fulfill his obligations properly.
Article 34 - Force majeure
1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of La Vie Maison in the fulfillment of any obligation with regard to the customer cannot be attributed to La Vie Maison in one of the will of La Vie Maison. situation, 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 of La Vie Maison.
2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a 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, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs under which La Vie Maison cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until La Vie Maison can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may partially dissolve the agreement in writing or in full.
5. La Vie Maison does not owe any (damage) compensation in a force majeure situation, not even if the situation of force majeure results in any advantage.
Article 35 - Amendment of general terms and conditions
1. La Vie Maison is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. La Vie Maison will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Article 36 - Transfer of rights
1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of La Vie maison.
2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.
Article 37 - Consequences of nullity or voidability
1. 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 terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what La Vie Maison had in mind when drafting the conditions on that point.
Article 38 - Applicable law and competent court
1. Only Dutch law applies to every agreement between the parties.
2. The Dutch court in the district where La Vie Maison is located / has its practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law dictates otherwise.
Prepared on 02 July 2020.