Terms of service

TERMS AND CONDITIONS 

PREMISSES

These Terms and Conditions of Sale apply to all orders placed and contracts entered into with Luxury Sports Company S.P.R.L. (hereinafter LSC), excluding that of the Customer, unless expressly and in writing waived by LSC.

Consequently, by agreeing to enter into a contract with LSC, the Customer agrees to each and every one of the conditions, whether general or specific.

Similarly, references to the Customer’s specific conditions previously accepted or to other contracts, will not be enforceable against us, unless agreed in writing by LSC.

1.- ORDERS

1.1. Orders, even if negotiated and proposed, which reach LSC are deemed final only if LSC accepts them by sending a document called "Order Validation".

1.2. In case the Order Validation contains changes in relation to the Order, these are deemed tacitly accepted by the Customer after a period of 8 days following receipt of the Order Validation unless the Customer expresses its disagreement within this period.

1.3. The Order is, however, binding and irrevocable for the Customer.

2.- PRICES

2.1 Prices are those indicated in the LSC price list in force at the time of sending the Order Validation.

2.2 Unless otherwise agreed and subject to the provisions of these General Conditions of Sale, taxes (including VAT), transport and insurance costs are not included in the price, insofar as they are borne by the Customer.

2.3 If it expires, the Customer undertakes to communicate to LSC its VAT number, on the date of the Order. Otherwise, VAT will automatically be charged.

2.4 In no case, the prices indicated during the Order Validation are binding for the following Orders transmitted by the Customer to LSC.

2.5 When pre-ordering for a specific brand, a discount may be granted for the season according to the conditions indicated in the brand order form. A season running from 1/09 to 31/08. The payment of the invoice for the pre-order is valid for acceptance of the conditions, including compliance with the recommended sales prices. In the event of non-compliance with these conditions, we reserve the right to discontinue the reduction granted and/or to terminate the collaboration.

3.- CONDITIONS FOR PAYMENT

3.1 Unless otherwise agreed or otherwise stated on our invoices, these are payable in cash. Payments must be made exclusively to LSC. The only invoice receipts accepted are those affixed by LSC.

3.2 Any invoice not settled at its due date shall bear, without prior notice, interest at the rate fixed by the Law of 2 August 2002 on the fight against late payment in commercial transactions from the due date.

In addition, the Customer will owe LSC a flat-rate compensation valued at 15% of the amount of sums due with a minimum amount of €100.

3.3 In addition to the provisions of Article 9, in case of non-compliance by the Customer of one of its contractual obligations, such as refusal to take delivery of the Products or non-payment of invoices at their maturity, or in case of bankruptcy of the Customer, all outstanding amounts and invoices issued by LSC in respect of LSC will be immediately and automatically due.

3.4 LSC also reserves the right to make new deliveries only in case of full payment of its debts by the Customer.

3.5 The issuance of a payment item or a cheque will not result in the novation, nor will it imply any derogation from these general conditions of sale.

 

3.6 Payment in instalments with Alma
Payment by instalments/deferred payment is available through our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.

Purchase amounts
P2X: Only purchases between €50 and €4,000 are eligible for payment with Alma.
P3X: Only purchases between €50 and €4,000 are eligible for payment with Alma.
Fees
By paying in instalments with Alma, the Customer does not pay any fees.

Alma is a tele-payment manager and issues an electronic certificate as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the French Civil Code.

Cancellation
Any termination of the General Terms and Conditions binding the Vendor and the customer shall result in the termination of the General Terms and Conditions between Alma and the customer.

Translated with DeepL.com (free version)

4.- DELIVERY AND DELIVERY TIMES

4.1 LSC undertakes, within the limits of its possibilities, to deliver the Products within the indicative delivery times indicated in the Order Validation. Any delays in delivery may in no case be eligible for compensation and/or compensation of any kind.

4.2 Delivery shall be in accordance with Incoterm 2010 "Ex Works" unless otherwise agreed between the parties or set forth in these General Terms and Conditions of Sale.

Even in the latter case, the Products always travel at the recipient’s own risk. It is therefore up to the latter to make all reservations to the carriers, if necessary.

4.3 Deliveries are made according to availability; LSC reserves the right to make partial deliveries that will be invoiced separately.

4.4 The Products are delivered in the packaging chosen by LSC.

4.5 A delivery of Products made outside the indicative period provided by LSC, for reasons beyond LSC’s control, may not in any way justify the refusal of the Products by the Customer, nor constitute a reason for claiming a decrease in price, compensation or cancellation of the Order.

4.6 In any case of temporary or permanent force majeure due to events which may disturb the regularity of production (for example, measures taken by the State or by any other institution or body, new tax or other charges, absence of delivery by LSC suppliers, unavailability or shortage of raw materials, interruption or suspension of transport and/or energy), which may prevent or render impossible the delivery of the Products and which may limit or delay the supply of raw materials and, in any case, adversely affect the agreed conditions (for example, strikes, mobilizations, wars, riots, lockouts, administrative restrictions and, in particular, on the import or export of Products, delays in transportation, equipment breakdowns, etc.), LSC shall be exempt from any liability and shall in no way prove this inability to perform the contract, nor the unpredictability of the circumstances. In addition, LSC will be able to rely on force majeure cases found or simply invoked by its suppliers. Where the case of force majeure is of a merely temporary nature, delivery times shall be deemed to be extended in an appropriate manner in favour of LSC.

5.– ORDER EXECUTION

5.1 Orders are executed within the limits of available stocks.

5.2 Any data or information on the characteristics and/or technical specifications of the Products contained in the brochures, leaflets or any other document is binding only insofar as it is expressly referred to in the Order.

5.3 In addition, in relation to the data provided by LSC, LSC reserves the right to make all improvements and modifications to its Products, including cosmetic improvements, deemed appropriate or necessary, without the Customer being able to raise disputes or have the right to terminate any Orders in progress and/or claim compensation and/or request reductions in the agreed price.

6.- COMPLAINT

6.1 The Products must be checked and checked at delivery to establish their compliance with the Order. Any discrepancies relating to the quantity, quality, species or type of Products supplied must always be reported in writing, even by fax, within a maximum period of 15 (fifteen) days following delivery, by quoting all the coordinates allowing LSC to carry out an immediate check. After this period, the Products will be considered as fully accepted.

6.2 Except for consumers for whom the warranty period is two years, LSC undertakes to rectify any non-conformity (defect) of the Products that may be attributable to it and that would occur within 24 months unless otherwise stated, following the delivery of the Products to the Customer, provided that LSC accepts the defective character of the Products in question in accordance with article 6.3 of these General Conditions of Sale. However, LSC is exempt from any guarantee of hidden defects, including defects relating to the intrinsic quality of the Products and defects relating to the content of a product in a given substance or element that forms an integral part of the Product.

6.3 In the event of non-compliance, the complaint must be sent by the Customer, under penalty of forfeiture, to LSC in writing, even by fax, within a maximum period of 8 (eight) days following the discovery of the defect by the Customer (for defects found in accordance with Article 6.2 of these general conditions of sale).

The Customer must specify, in the complaint, with precision, the defect found and the Product to which it refers. The Products that are the subject of the dispute must always be immediately made available to LSC managers for verification of the declared defect. Any claims accepted by LSC agents should not be considered as being accepted by LSC.

LSC will communicate to the Customer, within 15 (fifteen) days from the date of verification of the goods, or, in the absence of such verification, the date of communication by the Customer of the complaint, whether or not it is accepted by LSC. In the absence of a position taken by LSC within the aforementioned period, the claim is deemed to be rejected.

6.4 Disputes will not result in the termination of the Order, but rather, at the discretion of LSC, the repair or free replacement of Products that have proven to be defective, unless otherwise decided on objective grounds that it is impossible to adopt one of the remedies provided for above. Except in cases of fraud or gross misconduct, the provisions set forth above exclude any other liability of LSC arising in any way from the Products supplied or their resale. In particular, no compensation and/or indemnity may (may) be required for damages, direct or indirect, of any kind whatsoever arising from the non-use or limited use of the Products.

6.5 LSC shall not be liable in the event of abandonment, deterioration, modification, negligence in the use of the Products, improper use of the Products, negligent preservation of the Products, or cause of force majeure. Any disputes relating to a single delivery shall not exempt the Customer from the obligation to withdraw the remaining quantity of Products provided for in the specific Order.

7.- RETENTION OF TITLE

7.1 Ownership of the Products sold is transferred to the Customer only after the full payment of the amount due by the Customer for these Products in principal, fees and interest.

7.2 LSC is authorized to demand the refund of the Products not completely paid by withholding the sums already collected as damages.

7.3 The risks related to the Products are however transferred to the Customer when they are delivered in accordance with article 4 of these general conditions of sale.

7.4 The Customer shall be entitled to sell the Products during the normal course of its business, with the understanding that, in the event that the Customer sells the Products to third parties prior to their full payment to LSC, the Customer undertakes to allocate the sale price of the Products to the payment of the amounts due to LSC.

7.5 The Customer undertakes, in the event that it is the subject of bankruptcy or insolvency proceedings, to the exclusion of a proceeding under the Law of 31 January 2009 relating to business continuity, to immediately inform LSC of this and to allow it toto take back possession of the Products subject to the retention of title clause without prior notice and also undertakes to allow LSC access to its point of sale or any other place where the Products are located so that it may proceed with their withdrawal. However, the Customer must bear the costs associated with this withdrawal.

7.6 The Customer shall refrain from any action or behavior that could hinder the identification by LSC of the Products subject to the reservation of title. The Customer must also take out adequate insurance to provide LSC with appropriate compensation in the event of loss or damage to the Products and/or injury or injury to third parties caused by the Products.

8.- INTELLECTUAL PROPERTY

8.1 The Customer acknowledges and agrees to respect all intellectual property rights (including, but not limited to, trademarks, copyrights, patents, designs) owned by or owned by LSC or its suppliers or partners in any capacity.

8.2 The Customer is absolutely prohibited, except with the express prior written consent of LSC, from reproducing in whole or in part, directly or indirectly, intellectual property rights of LSC or its partners. It shall also be prohibited from communicating data and information enabling its reproduction.

8.3 All printed material (price list, brochures, catalogues...) relating to the Products remains the property of LSC.

9.- EXPRESS TERMINATION CLAUSE

In the event of, even partial, non-performance by the Client of one of its contractual obligations, as well as in the event of difficulties noted in the payments or in the event of the disappearance or decrease of solvency guarantees or, more generally, the Customer’s economic capacity, LSC has the right to suspend or cancel Orders in progress, or to make delivery of the Products subject to the provision of adequate payment guarantees. Should the Customer fail to provide such guarantees, LSC would have the right to immediately terminate the contract between the Parties without the Customer being entitled to any compensation.

10.- LIABILITY

LSC expressly disclaims all liability for damage caused by a defect or defect affecting one of our Products.

Acceptance of the delivery in accordance with Article 6.1 completely releases our company from all liability for the use that will be made of our Products.

11.- APPLICABLE LAW – FOR COMPETENT

All our sales, as well as these general conditions, are subject to Belgian law. In the event of a dispute, the Courts of Liège shall have sole jurisdiction, subject to the possibility for LSC to act before the forum of the Client’s residence or registered office.