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Terms of service
On the one hand, the present terms and conditions govern the use of www.la-bel.be (hereinafter referred to as the “Website”) as set out in the "Terms of Use" in section I below. On the other hand, the present terms and conditions also apply to the online sale of La&Bel products (hereinafter referred to as "Products") through the Website. These are detailed under section II “Terms and Conditions of Sale”.
I.1. SELLER - PUBLISHER IDENTIFICATION
The www.la-bel.be website (hereinafter referred to as the “Website”) is managed and operated under the responsibility of:
BE&LA.STYLE BV (hereinafter referred to as “La&Bel”, “we”,"us" or "our") - Hogenbilk 14 - 8470 Gistel - Belgium
Registered with the Crossroads Bank for Enterprises under number BE0450243217
Customer Service Contact Information La&Bel
Postal correspondence: Hogenbilk 14 – 8470 Gistel – Belgium
Email: info@la-bel.be or by the contact form on our website.
I.2. GENERAL – DEFINITIONS
The use of the La&Bel website is subject to the provisions of this legal notice (hereinafter referred to as the “Legal Notice” or “Notice”).
The Website is intended to enable users to discover and purchase La&Bel’s leather goods (hereinafter also referred to as “Products”).
All questions or complaints in respect of the Website, the present Legal Notice, the terms and conditions of sale (hereinafter referred to as the “TCS”), the privacy and cookie policy (hereinafter referred to as the “Privacy and Cookie Policy”) should be sent to La&Bel at the address specified above or by e-mail to info@la-bel.be.
The terms “Be&La.Style”, "La&Bel", “we”,"us" or "our" refer to Be&La.Style BV throughout this site.
Our website, all the information it contains, and the services offered may hereinafter be referred to as “La&Bel Services” (or our “Services”).
Anyone who wishes to use our services and has met the TCS will hereinafter be referred to as a “Customer” (or you).
A “User” is a natural person, end customer visiting and using our Website.
Any order placed by a customer as provided for herein will be referred to as an “Order”.
I.3. HOSTING SERVICE PROVIDER
The site is hosted by the company Combell nv, with EMEA head office at Skaldenstraat 121, 9042 Ghent, Belgium.
I.4. ACCEPTANCE
I.4.1. Access to the Website is subject to the present Notice, Terms and Conditions of Sale, the Privacy Policy, the Cookies Policy as well as applicable laws and regulations. Consequently, logging onto and continuing to use this Website implies full and unreserved acceptance by the User of the present Notice, the Privacy Policy and Cookies Policy. Should you disagree with any of these, you should immediately cease using this Website.
I.4.2.The present Notice, Terms and Conditions of Sale, the Privacy Policy and the Cookies Policy alone govern the relationship between the User and La&Bel in respect of the use of the Website and of the Service. They are available to be consulted at any time on the Website.
I.5. ACCESSIBILITY – OPERATION – USE OF THE WEBSITE
I.5.1. La&Bel undertakes to make all efforts necessary to ensure that the Website is kept up-to-date and a normal number of users have access to the Website at all times. Nonetheless, La&Bel is unable to offer assurances that the functionalities of the Website shall be available without interruption or without error, that any defects shall be immediately corrected or that the server that hosts the website is free from viruses or other harmful elements.
I.5.2 La&Bel cannot guarantee the accuracy and completeness of the information disseminated on its Website, nor the permanence of its proper functioning, nor total information security on it (for example it cannot be held responsible for errors or unavailability of information on its Website). We decline all and any liability for any loss and/or prejudice, regardless of nature, which might result from the suspension, interruption, (technical) disruption, slow-down, difficult accessibility to and/or cessation of the accessibility to all or part of the Website and for any viruses or other harmful elements present on the Website.
I.5.3. If the User should come across an error, a virus or other harmful elements on the Website, he/she is invited to inform us thereof by sending an e-mail to info@la-bel.be to enable us to put in place the appropriate measures. In any event, La&Bel advises Users to install firewalls, anti-virus software and other relevant protection software on their computer, to prevent the latter from being damaged.
I.5.4. The User hereby undertakes to use the Website only in compliance with its intended purpose, to the exclusion of any other purposes.
I.5.5. It is incumbent on the User to make sure that all details provided by him/her are accurate and up to date.
I.5.6. The User hereby undertakes to use the Website in good faith and to act in compliance with applicable laws and regulations, and in particular to refrain from:
I.5.8. La&Bel reserves the right to suspend or to discontinue all or part of the Website, at any time, without statement of grounds and without prior notification.
I.5.9. La&Bel declines all and any liability in the event the User fails to comply with the Legal Notice, TCS, Cookies Policy, Privacy Policy and/or applicable laws and regulations. The User shall defend, indemnify and hold La&Bel harmless against all court proceedings, complaints or charges brought by third parties (including by the public authorities) in respect of his/her use of the Website.
I.6. PROTECTION OF PERSONAL DATA AND COOKIES
La&Bel will ensure the protection of personal data provided in accordance with the Privacy Policy available on our Website under “Privacy Policy”.
The User is also informed that, during their visits to our Website, one or more cookies may be automatically installed in their browser software. The rules applicable to cookies are accessible in the Cookie Policy available on our Website under “Cookie Policy”.
I.7. INTELLECTUAL PROPERTY
I.7.1. The title of ownership of the Website and its elements (trademarks, logos, graphics, photos, animations, videos, musical content, texts, etc.) rests with La&Bel. They are protected by intellectual property rights (notably copyrights, design rights, trademark rights, etc.) and may neither be reproduced, used nor disseminated without the written prior permission from La&Bel or, as applicable, of the holder of the rights in question, at the risk of being deemed an infringement of copyrights and/or design rights and/or trademark rights, punishable in accordance with applicable law.
I.7.2. Through the present Notice, La&Bel hereby grants the User a non-exclusive, non- transferable license, for an open-ended term, which may be revoked at any time without statement of grounds, to access the content of the Website, to display and download content solely for viewing purposes. The User shall equally be permitted to print off copies of the content shown on the Website for personal use, subject to the requirement that he/she does not in any way alter the content of the Website and that he/she keeps all of the website's mentions of authorship and origin. As such, any reproduction is therefore permitted solely for strictly private purposes within the meaning of article XI.190 5° of the Economic Law Code.
I.7.3. All use of the Website and of its elements not provided for under the present article is strictly prohibited.
I.8. LINKS TO AND ON OTHER WEBSITES
The Website may contain hypertext links to other websites. In addition, some websites may contain a link to our Website. These third-party websites are beyond the control of La&Bel, which consequently declines all and any liability for the operation of said websites, their content or their use.
La&Bel takes no responsibility for the content of sites to which our Site links, nor for any damage sustained while visiting those sites. Users visit other sites under their own responsibility and at their own risk.
I.9. CHANGES – LANGUAGE VERSIONS
I.9.1. La&Bel reserves the right to modify the content of this Notice at any time and without notice. The User is therefore invited to consult them regularly.
I.9.2. In the event of any discrepancies between the language versions of the present Notice, the TCS, the Privacy or the Cookies Policy, the Dutch version shall take precedence.
I.10. VALIDITY - SEVERABILITY
I.10.1. The fact that La&Bel does not invoke a clause of the present Notice at a certain point in time may not be taken to mean that La&Bel waives its prerogative to assert its rights pursuant to said clause in due course.
I.10.2. The nullity, obsolescence or the unenforceable nature of all or part of one of the clauses above or below shall not cause the nullity of the present Notice in their entirety. The clause that has been found to be null and void, obsolete or unenforceable, either in full or in part, shall be deemed not to have been written. La&Bel hereby undertakes to replace the said clause by another clause, which - insofar as possible – pursues the same aim.
I.11. APPLICABLE LAW AND COMPETENT COURT
This Website is governed by Belgian law. Any dispute or litigation that may arise from the interpretation, execution or validity thereof will be the exclusive jurisdiction of those courts to which La&Bel is subject.
Before putting in place any steps to resolve a dispute through the courts, the parties hereby undertake to make every effort to resolve matters amicably.
Please read the following terms and conditions (the "Terms and Conditions" or “TCS”) carefully before submitting your order on the La&Bel-website.
These terms tell who we are, how we will provide our products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Any order through this website will be subject to these TCS.
II.2. SELLER - PUBLISHER IDENTIFICATION
The www.la-bel.be website (hereinafter referred to as the “Website”) is managed and operated under the responsibility of:
BE&LA.STYLE BV (hereinafter referred to as “La&Bel”, “we”,"us" or "our")
Hogenbilk 14
8470 Gistel
BELGIUM
Company number BE0450243217
Customer Service Contact Information La&Bel
- Postal correspondence: Hogenbilk 14 – 8470 Gistel – Belgium
- Email: info@la-bel.be or by the contact form on our website.
II.3. DEFINITIONS
The terms “Be&La.Style”, "La&Bel", “we”,"us" or "our" refer to Be&La.Style BV throughout this site.
Our website, all the information it contains, and the services offered may hereinafter be referred to as “La&Bel Services” (or our “Services”).
Anyone who wishes to use our services and has met the TCS will hereinafter be referred to as a “Customer” (or you).
A “User” is a natural person, end customer visiting and using our Website.
Any order placed by a customer as provided for herein will be referred to as an “Order”.
In these terms, where we refer to “Personalized Products” we mean any products that are made to your order and instructions including, for example, hot stamping service and any alterations to our standard products carried out for you.
II.4. ACCEPTANCE OF TERMS AND CONDITIONS
The acquisition of a good or a service, or the creation of a personal account implies the acceptance of all the present TCS by the User, who acknowledges having become fully acquainted with them. This acceptance may consist, for example, in consumers ticking the box corresponding to the sentence indicating acceptance of these general terms and conditions. A tick in this box will be considered to have the same value as a handwritten signature from the User.
The acceptance of these TCS implies that the users have the necessary legal capacity to do so.
La&Bel reserves the right to amend the TCS at any time and without notice. Please check the latest version of the TCS on our Website before placing an Order. If you order products after we post changes to these TCS, you confirm your acceptance with the new terms. Any deviations from these TCS must be the result of a mutual agreement recorded in writing.
The products shown on our Website are intended to be sold exclusively to final customers who are natural persons, acting exclusively for their personal needs and not directly related to a commercial activity. Your order on our Website must be strictly limited to your personal use.
By placing an order through this Website, you warrant that you are at least eighteen (18) years old and that you are capable of entering into legally binding contracts.
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.
II.5. OUR PRODUCTS
II.5.1. Description – Order – Availability
All products shown on the Website are subject to availability. Although we seek to publish information on the Website that is, to our best knowledge, correct and up to date, certain products shown on the Website may no longer be available for purchase. In case the product is not available, La&Bel will inform you via phone or email. If we are unable to get in touch with you, your Order will be cancelled automatically. All payments that have been made will be refunded. Neither party will be entitled to claim any compensation due to such cancellation.
Products may vary slightly from their pictures. We make our best efforts to produce high quality images of our product selection on our Website and to display the colors accurately. However, minor differences in color are possible as a result of different image acquisition, display technologies or other technical reasons.
Also, other variations in products as for example but not limited to, the size and color nuances of the scales of salmon and pirarucu we use, are possible. The leather and fish leather we use is a natural product which can vary in color or structure from product to product and from collection to collection.
Considering the foregoing, the images of the products on our website are for illustrative purposes only.
La&Bel cannot therefore be held liable if the characteristics of the items differ from the visuals on the Website or if the latter are incorrect or incomplete. Please take into consideration the texts for the characteristics listed on the collection pages, which we have tried to describe as accurately as possible. However, we cannot be held liable for the direct or indirect consequences of a material error, typographical error or any other unintentional error or negligence relating to the information published on the Website. Please note that manufacturers may change the technical composition of product references without any notice.
The product offerings on our Website are non-binding and only constitute an invite to the customer to place an order. All orders are subject to acceptance by us. We reserve the right to change the products offered on the Website at any time.
II.5.2 Pre-Order
You may order, on this Website, products that are not yet manufactured and for which you make a “pre-order. These pre-ordered products are also subject to availability and we give no warranty about their production or manufacturing. In case the product cannot be made available for any reason whatsoever, all payments that have been made will be refunded. Neither party will be entitled to claim any compensation due to such cancellation.
II.6. ORDER AND ACCEPTANCE
II.6.1. Order Process
Once you have chosen a product you wish to order, you must complete our online ordering process starting to press the “Order now” or “Pre-order now” button. The selected product will be placed in your “Shopping Bag”. You can monitor at any time the products you have selected by clicking on the "Shopping Bag" button and remove or add any product.
Please make sure any personalization details are accurate. If we are personalizing products in accordance with details you have given us, you are responsible for ensuring that these details are correct.
When you have completed your selection and wish to confirm the contents of your "Shopping Bag”, proceed to “Checkout” and follow instructions.
When placing an order for the first time, you may either check in as a guest or open an account with us.
II.6.2. Payment
Once this information has been duly entered and confirmed, the price of the products and any eventual charges shall automatically be displayed. Please verify the accuracy of the selection before confirming the order. If you agree with the selection and the price, please click on the “Continue to payment” button. You will then be required to enter your payment details. By clicking on the "Continue to payment" button, you place a binding order for the products in your Shopping Bag.
All orders must be paid at the time of ordering. We accept the following payment methods: Bancontact, Belfius Payment Button, KBC Payment Button, Maestro, Mastercard, Visa, Amex.
La&Bel uses Secure Socket Layers (SSL), the industry standard in transferring information to process your Orders, by using Mollie. Communications are secured by encrypting all data to and from the site.
The products remain the property of La&Bel until the purchase price has been paid in full by the Customer. Irrespective of the title of property, the risk of loss and damage shall pass to the Customer at the time of delivery.
II.6.3. Order Confirmation
The order is successfully completed if it has been confirmed by La&Bel with a confirmation email. This confirmation email does not yet constitute the acceptance of the Customer's order by La&Bel. All orders are subject to availability and acceptance. We reserve the right not to accept an order. Such non-acceptance may result, for example, from the fact that (i) products are shown on the Website but are no longer available; (ii) products shown on the Website contain a manifest price error; (iii) we are unable to obtain authorization for your payment; (iv) shipping restrictions apply to a product. We will inform you about the inability to supply the products without undue delay and will reimburse you immediately for any sums which have already been paid for the unavailable products.
The purchase contract is deemed to have been concluded when you receive a confirmation from La&Bel that the products have been shipped to you.
II.6.4. Cancelling A Recent Order
An order that has already been sent can be cancelled, provided that you refuse the package without opening it.
To cancel an order that you have just placed, please contact us quoting the invoicing name on the order and the order number.
Cancellation will be free of charge if the Order has not yet been prepared. If the Order has already been shipped, the Order can be cancelled only if you refuse to accept the package, without opening it, and shipping and return fees may be deducted from the refund.
II.6.5. Price - Import Charges and Taxes– Delivery Charges
Our prices include Belgian VAT.
The sales price for each product featured on our Website is expressed in Euros.
La&Bel will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, La&Bel will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
We will not provide VAT-refund services.
La&Bel reserves the right to change its prices at any time.
Prices appearing on your Order after it has been confirmed and recorded are those listed on the day of the order. They are fixed and final: if the prices drop a few days after the order is placed, we will under no circumstances be able to compensate you for the difference; if the prices increase, we are committed to selling at the price set on the day of the order.
Delivery charges are applied for shipping the order. Unless otherwise specified in the product sheet, these charges are calculated according to the price list published on our page delivery charges, according to the destination. This amount will also be added to your shopping cart. The total price including these charges will appear in the shopping cart summary before confirmation of your order:
Express shipping comes with an additional cost. Please contact us via info@la-bel.be in case you would like to have your item shipped in Express service.
II.7. DELIVERY
II.7.1. Delivery Times
Our delivery times vary according to your geographical area and the carrier making the delivery. La&Bel will notify you if we discover a problem that may prevent us from meeting the maximum legal time limit of 30 calendar days.
Delivery is made to the address you provided when placing the order. Deliveries are made Monday to Friday, during normal business hours.
Unless otherwise specified on the Website during the ordering process or in the description of the products ordered, we undertake to deliver the products within the EU within the maximum legal time limit of 30 calendar days.
In Belgium and neighboring countries, we undertake to deliver within 5 working days, while in other European countries (excluding islands and mountainous regions) the delivery time is 6 working days. Outside the EU, the delivery time is five (5) to seven (7) working days.
If the carrier notifies us of a delay in shipment or any other problem that may cause a delay, La&Bel will notify you via email and let you know the likely waiting time and/or offer another option. The sale will be cancelled if you do not reply to this email within 7 working days and the paid amounts will be reimbursed. La&Bel cannot be held responsible for any delays with the carriers.
Delivery times are indicative and shall not be regarded as strict deadlines. Delivery times vary depending on the type of product you order, the availability of the product, your delivery address and the delivery method you choose. When you order a product in "pre-order" the delivery time will be extended or at least be different from a product already in stock. La&Bel may therefore provide for a different delivery timeframe depending on whether certain products have been pre-ordered and whether certain products are in stock at the time of the pre-order.
In any event, the items may be delivered on time only if the purchaser is up to date with the Customer's obligations towards La&Bel, while a timely delivery may not be possible if the obligations are not being met, whatever the cause.
II.7.2. Late Delivery
Do not hesitate to report any delay in delivery so that we can conduct an investigation to find your package or provide a refund.
If the usual delivery time given for the country of destination is exceeded by more than 3 working days, the Customer should notify La&Bel, so that the latter can launch an investigation procedure in-house and with the carrier, and, depending on the information received, either offer another deadline, or undertake a second shipment at La&Bel's own expense (it is up to the Customer to refuse this second shipment and ask for it to be returned if the first shipment arrives in the meantime), or provide a refund.
If this new deadline is not met or is clearly not reasonable, the consumer may make a written request, within a maximum of 30 days, to cancel the sale. No complaints will be accepted after this deadline.
In the case of a termination or in the case of failure to reply to the e-mail notifying a delay / shortage of stock, the sums the consumer committed when making the order will be refunded within a maximum period of 14 days in the light of the payment for the undelivered products. This clause is not applicable if the delay is due to force majeure during the order preparation or delivery (see article in these general terms and conditions of sale on the limitation of liability). In such a case, the customer undertakes not to take legal action against the seller and waives the right to terminate the sale as provided for in this article.
II.7.3. Partial Delivery
La&Bel is entitled to make partial deliveries of products subject to a single sales agreement. Additional delivery costs will be borne by La&Bel
II.7.4. Transfer of Responsibility
Irrespective of the title of property, the risk of loss and damage shall pass to the Customer (or the person appointed by the Customer) at the time of delivery.
II.7.5. Discrepancy during the Delivery
Your package is properly packaged and insured against damage and theft, so please check the condition of the package upon receipt and refuse it if you have any doubt about its condition or contents.
Your purchases are packaged with the greatest care using appropriate protective materials. The attention we pay to packaging allows us to provide an optimum delivery service.
Shipped products are insured against deterioration and theft free of charge during the entire transport operation. You should therefore check the completeness of your order and all items in it upon receipt of the package and in the presence of the person making the delivery in order to raise a concern if necessary.
Should you notice any discrepancy concerning the external appearance of the package (such as tears, traces of moisture, and other forms of deterioration) or you have any doubts about the condition or content of the Order, you are obliged to refuse the goods upon receipt. The Customer must mention any discrepancy on the delivery note, in the form of handwritten comments, together with the Customer's signature. Any product that is refused must be returned to the carrier in its entirety and in its original packaging. We are not compelled to grant your request to exercise a right of refusal if you do not comply with these requirements.
II.7.6. In the Event of Absence
The telephone number or e-mail address you have provided will enable the carrier to contact you. If there is no delivery, you will be able to contact the carrier using the number and reference stated on the delivery note.
II.7.7. If the Package is not Collected
If your parcel is returned to us by the carrier, La&Bel will contact you by email after receipt of the parcel to ask you what you now want to do about the Order. If you have mistakenly refused to accept the parcel or if you were absent at the time of delivery and you did not go on to retrieve the parcel from the carrier within the deadline, you will be able to ask for it to be sent back by making prior payment of the costs of sending it again. These fees must be paid even for orders for which shipping costs were free.
II.8. RETURNS – RIGHT OF WITHDRAWAL
II.8.1. Return Notification
You have the right to withdraw or return the Order within fourteen (14) days without giving any reason.
The withdrawal period will expire after fourteen (14) days from the day of delivery of the product(s). If several products are ordered in a single order and delivered separately, the period of fourteen (14) days is calculated from the date of delivery of the last product.
To exercise the right of return, you must inform La&Bel by completing the return form on the return portal
To exercise the right of withdrawal, you must inform La&Bel of your decision to return the product(s) by an unequivocal statement (for example a letter sent by post or e-mail) or by using the sample withdrawal form below which should be sent to the following address:
BE&LA.STYLE BV
Hogenbilk 14
8470 Gistel
Belgium
Email: info@la-bel.be
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your will to return the products before the withdrawal period has expired. The return is successfully completed if it has been confirmed by La&Bel with a confirmation e-mail.
The right of withdrawal and the possibility to return the products does not apply to any supplied Personalized Products.
Your Order is being returned at your costs and at your own risk. Only after the returned items have been received and approved by La&Bel, we will proceed with the refund. Import taxes, customs, duties cannot be refunded.
II.8.2. Liability Regarding the Product Condition
The return will not be accepted and no refund will be made if the product is not returned in the same condition as it was delivered (for example incomplete, damaged or soiled). The Product must be returned in the original packaging and. Please make sure the sealed hang tag is intact and still attached to the (hand)bag and completed with any related accessories such as the La&Bel dust bag, instructions and certificate, with the original invoice and the withdrawal form. You are solely liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature and characteristics of the products. You must ensure that the products are intact, that they have not been used, worn or damaged in any manner whatsoever. We reserve the right to refuse the return of products which have been damaged or deteriorated or which are in a condition that clearly shows that they have been used for purposes other than the controls which are strictly necessary for the evaluation of the nature and characteristics of the products.
II.8.3. Reimbursement
If you return your product(s) La&Bel will reimburse to you all payments received from you without undue delay and in any event not later than fourteen (14) days from the day on which we will have received the products in return. La&Bel will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
La&Bel reserves the right to not refund depreciation that stems from handling the merchandise beyond what was necessary to determine the nature, features and serviceability of the items.
II.9. INSPECTIONS AND DEFECTS
II.9.1. Defaults Notifications
You must inspect the products at the time of delivery and notify any lack of conformity or defects in writing without undue delay. This notice shall be deemed to have been made without undue delay if it is sent within 5 (five) business days after delivery or, if the defect was not apparent during a normal inspection, no later than within 3 (three) business days after the defect has been detected. If you fail to provide such notification, the products shall be deemed to be approved by you.
II.9.2. Replacement of Defected Products
In the event of a non-conformity or defect in the product, you are entitled to request the repair of the defect or the replacement by another defect-free product. La&Bel is entitled to refuse the repair or replacement requested by the Customer if such repair or replacement would result in unreasonable costs. If the product cannot be repaired or replaced within a reasonable period, you are entitled to cancel the sales agreement, reduce the purchase price or claim damages, in each case in accordance with applicable law.
This warranty does not affect your legal right as a consumer pursuant to articles 1649bis et seq. of the Belgian Civil Code or any mandatory statutory right that you may have based on local national law.
II.10. INTELLECTUAL PROPERTY
II.10.1. La&Bel is a registered trademark.
II.10.2. The title of ownership of the Website and its elements (trademarks, logos, graphics, photos, animations, videos, musical content, texts, etc.) rests with La&Bel. They are protected by intellectual property rights (notably copyrights, design rights, trademark rights, etc.) and may neither be reproduced, used nor disseminated without the written prior permission from La&Bel or, as applicable, of the holder of the rights in question, at the risk of being deemed an infringement of copyrights and/or design rights and/or trademark rights, punishable in accordance with applicable law.
II.10.3. Through the present Notice, La&Bel hereby grants the User a non-exclusive, non- transferable license, for an open-ended term, which may be revoked at any time without statement of grounds, to access the content of the Website, to display and download content solely for viewing purposes. The User shall equally be permitted to print off copies of the content shown on the Website for personal use, subject to the requirement that he/she does not in any way alter the content of the Website and that he/she keeps all of the website's mentions of authorship and origin. As such, any reproduction is therefore permitted solely for strictly private purposes within the meaning of article XI.190 5° of the Economic Law Code.
II.10.4. You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, “User Submissions”) to your social media accounts. By posting and uploading User Submissions that you have tagged with La&Bel brand hashtags, you grant to La&Bel and its third-party service providers who provide content management services (collectively, the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your La&Bel-tagged User Submissions in any manner to be determined in La&Bel’s sole discretion, including but not limited to on its webpages, social media pages operated or instructed by La&Bel, and in its other marketing, promotional and advertising initiatives, in any media now or hereafter known. La&Bel may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions. You hereby represent and warrant that (i) you own all rights in and to your User Submissions, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties' use of your User Submissions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold La&Bel, the Licensed Parties, and any person acting for La&Bel or on their behalf harmless from any liability related in any way to the Licensed Parties' use of your User Submissions.
II.10.5. All use of the Website and of its elements not provided for under the present article is strictly prohibited.
II.11. WARRANTY
Our products carry a warranty. Please get in touch with us before returning a product for repair so that we can provide you with a return receipt and written permission. We may redirect you to an approved service center near you. Any damage resulting from your misuse of our product will not be covered under warranty.
All our sold articles are covered by the legal warranty of fitness, the legal warranty against hidden defects and the manufacturer's warranty of 2 years (excluding consumables).
The warranty of fitness may be exercised if a defect is found on the day of the product is acquired and we will be liable for any lack of fitness that becomes apparent within two years after that day. If the defect is discovered within 6 (six) months after delivery, it is presumed to have been present when the goods were delivered, unless the seller can prove otherwise. Conversely, after this period of 6 (six) months, it will be up to the customer to prove that the defect existed at the time the goods were acquired.
You may ask for the warranty to be exercised for hidden defects if the defects revealed did not appear at the time of purchase, predate the purchase (and therefore did not result from normal wear and tear of the product for example), and are sufficiently serious (the defect must either make the product unfit for the use for which it is intended, or reduce this use to such an extent that you would not have purchased the product or would not have purchased it at such a price if you had been aware of the defect).
Please note that the warranty does not apply to the repair of damage after delivery resulting from a cause unrelated to the product (such as an impact, oxidation, damage related to a loss,...) or from a fault that is your responsibility, including, but not limited to, misuse or an installation inconsistent with the manufacturer's specifications, use detrimental to the proper preservation of the product, use of a commercial or collective nature or the use of unsuitable accessories. Also excluded from the warranty are products altered, repaired, incorporated or added by yourself or any other person not authorized by La&Bel, the replacement of parts, accessories or consumables for which regular renewal is required.
In the case of products that are inconsistent with the information provided when the products were presented on the site or have hidden defects, they will be replaced or refunded depending on the availability of similar products and your requirements.
Complaints should be made as soon as possible after discovering a defective or non-conforming product and in any event within 14 days by post or by sending an e-mail in the light of the La&Bel's contact information. A failure to do so will result in a forfeiture of the right to complain. You should ensure that the problem in question is described in detail by attaching any information that will allow the validity of the claim to be properly assessed (for example, by substantiating it with photographs).
Once the claim is accepted, we will ask you to return the defective product before any exchange operation is undertaken. In this case, you should return the product to us, at our expense, using the transport system that we specify.
Upon receipt, we will proceed with the exchange operation. If it is impossible to exchange the product (obsolete product, out of stock,...), La&Bel will try to offer a comparable product of at least equivalent quality. Otherwise, we will provide a refund, taking into account a proportional depreciation (ratio between the operational life and the usual lifespan of the product purchased, set by agreement at 5 years).
II.12. LIMITATION OF LIABILITY
II.12.1. La&Bel’s liability is limited or non-existent in certain cases, such as force majeure, indirect damage, or use in a country where the legislation is different.
We are generally bound only by a best-efforts obligation. Liability under these general terms and conditions will in no circumstances exceed the amount paid or payable during the transaction giving rise to such liability, regardless of the cause or form of action in question.
We cannot be held liable for the non-fulfilment of the contract concluded, due to a force majeure event (for example unforeseen damage to equipment, fire or damage to production facilities and appliances, interruption of energy sources and generally any unforeseen circumstances concerning the people and tools we need in order to fulfil our obligations and which are likely to make the performance of the contract impossible or simply more costly).
La&Bel will not be liable for any consequential damages, operating losses, loss of profit, damages or expenses that may arise in connection with the products purchased. You alone are responsible for choosing and purchasing a product. The inability to use the products, in whole or in part, in particular because of incompatibility, may not give rise to any compensation, refund or liability, except in the case of a proven hidden defect, non-compliance, defect or the exercise of the right of withdrawal if applicable, for instance if you are not a professional and the contract entered into to acquire the goods or services allows withdrawal, according to the articles in Book VI of the Code of Economic Law.
The products offered comply with the Belgian legislation in force. We cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. Before placing an order, it is your responsibility to check with the competent authorities in your country whether it is possible to import or use this product.
II.12.2. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
II.12.3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under Article 1641 and following of the Belgian Civil Code.
II.12.4. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
II.13. FORCE MAJEURE
Force Majeure exists if La&Bel is, wholly or partially, prevented to accomplish its obligations towards the Customer by circumstances beyond its control. In In this case La&Bel is not obliged to fulfill its obligations and La&Bel may suspend its obligations for the duration of the force majeure.
The contract between the consumer and La&Bel can, in such cases, be partially or fully terminated by yourself or by La&Bel. A Force Majeure is in the event of war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events. Under such circumstances, La&Bel will attempt to resolve all issues in a timely manner.
II.14. VALIDITY - SEVERABILITY
II.14.1. The fact that La&Bel does not invoke a clause of the present Notice at a certain point in time may not be taken to mean that La&Bel waives its prerogative to assert its rights pursuant to said clause in due course.
II.14.2. The nullity, obsolescence or the unenforceable nature of all or part of one of the clauses above or below shall not cause the nullity of the present Notice in their entirety. The clause that has been found to be null and void, obsolete or unenforceable, either in full or in part, shall be deemed not to have been written. La&Bel hereby undertakes to replace the said clause by another clause, which - insofar as possible – pursues the same aim.
II.15. APPLICABLE LAW AND COMPETENT COURT
This Website is governed by Belgian law. Any dispute or litigation that may arise from the interpretation, execution or validity thereof will be the exclusive jurisdiction of those courts to which La&Bel is subject.
Before putting in place any steps to resolve a dispute through the courts, the parties hereby undertake to make every effort to resolve matters amicably.
Published April 8, 2021
I. TERMS OF USE – LEGAL NOTICE
WELCOME TO LA&BEL
Thank you for using our website. The following legal notice describes the terms and conditions of use.
I.1. SELLER - PUBLISHER IDENTIFICATION
The www.la-bel.be website (hereinafter referred to as the “Website”) is managed and operated under the responsibility of:
BE&LA.STYLE BV (hereinafter referred to as “La&Bel”, “we”,"us" or "our") - Hogenbilk 14 - 8470 Gistel - Belgium
Registered with the Crossroads Bank for Enterprises under number BE0450243217
Customer Service Contact Information La&Bel
Postal correspondence: Hogenbilk 14 – 8470 Gistel – Belgium
Email: info@la-bel.be or by the contact form on our website.
I.2. GENERAL – DEFINITIONS
The use of the La&Bel website is subject to the provisions of this legal notice (hereinafter referred to as the “Legal Notice” or “Notice”).
The Website is intended to enable users to discover and purchase La&Bel’s leather goods (hereinafter also referred to as “Products”).
All questions or complaints in respect of the Website, the present Legal Notice, the terms and conditions of sale (hereinafter referred to as the “TCS”), the privacy and cookie policy (hereinafter referred to as the “Privacy and Cookie Policy”) should be sent to La&Bel at the address specified above or by e-mail to info@la-bel.be.
The terms “Be&La.Style”, "La&Bel", “we”,"us" or "our" refer to Be&La.Style BV throughout this site.
Our website, all the information it contains, and the services offered may hereinafter be referred to as “La&Bel Services” (or our “Services”).
Anyone who wishes to use our services and has met the TCS will hereinafter be referred to as a “Customer” (or you).
A “User” is a natural person, end customer visiting and using our Website.
Any order placed by a customer as provided for herein will be referred to as an “Order”.
I.3. HOSTING SERVICE PROVIDER
The site is hosted by the company Combell nv, with EMEA head office at Skaldenstraat 121, 9042 Ghent, Belgium.
I.4. ACCEPTANCE
I.4.1. Access to the Website is subject to the present Notice, Terms and Conditions of Sale, the Privacy Policy, the Cookies Policy as well as applicable laws and regulations. Consequently, logging onto and continuing to use this Website implies full and unreserved acceptance by the User of the present Notice, the Privacy Policy and Cookies Policy. Should you disagree with any of these, you should immediately cease using this Website.
I.4.2.The present Notice, Terms and Conditions of Sale, the Privacy Policy and the Cookies Policy alone govern the relationship between the User and La&Bel in respect of the use of the Website and of the Service. They are available to be consulted at any time on the Website.
I.5. ACCESSIBILITY – OPERATION – USE OF THE WEBSITE
I.5.1. La&Bel undertakes to make all efforts necessary to ensure that the Website is kept up-to-date and a normal number of users have access to the Website at all times. Nonetheless, La&Bel is unable to offer assurances that the functionalities of the Website shall be available without interruption or without error, that any defects shall be immediately corrected or that the server that hosts the website is free from viruses or other harmful elements.
I.5.2 La&Bel cannot guarantee the accuracy and completeness of the information disseminated on its Website, nor the permanence of its proper functioning, nor total information security on it (for example it cannot be held responsible for errors or unavailability of information on its Website). We decline all and any liability for any loss and/or prejudice, regardless of nature, which might result from the suspension, interruption, (technical) disruption, slow-down, difficult accessibility to and/or cessation of the accessibility to all or part of the Website and for any viruses or other harmful elements present on the Website.
I.5.3. If the User should come across an error, a virus or other harmful elements on the Website, he/she is invited to inform us thereof by sending an e-mail to info@la-bel.be to enable us to put in place the appropriate measures. In any event, La&Bel advises Users to install firewalls, anti-virus software and other relevant protection software on their computer, to prevent the latter from being damaged.
I.5.4. The User hereby undertakes to use the Website only in compliance with its intended purpose, to the exclusion of any other purposes.
I.5.5. It is incumbent on the User to make sure that all details provided by him/her are accurate and up to date.
I.5.6. The User hereby undertakes to use the Website in good faith and to act in compliance with applicable laws and regulations, and in particular to refrain from:
- sending La&Bel false or misleading content or communications (and to update said content, as applicable, so as to ensure that it does not become false or misleading), sending any content or communications that are obscene, racist or xenophobic, improper, illegal, deceptive, constituting an invasion of the privacy of others, offensive, injurious, violent, threatening or harassing, slanderous, constituting a violation of any intellectual property rights or any other rights, and sending any content or communications that encourage or are contributory to any one of the above conducts;
- providing La&Bel with e-mail addresses or other types of content without having obtained the prior permission from the persons concerned
- sending La&Bel content that is in violation of the rights of third parties or that acts to prejudice said parties in any shape or form (intellectual property rights, privacy, business secrets etc.);
- sending La&Bel content which directs users to illegal websites or websites which contain inappropriate content;
- using the Website to send unsolicited spam or chainmail or mails for similar or fraudulent actions;
- overriding the technical protection devices for documents and multimedia elements;
- engaging in any actions which could disrupt the proper operation of the Website, the Service, with the inclusion of the use of computer worms, viruses, time bombs or bulk mails;
- using a false name, a pseudonym, or assuming the identity of another person or entity;
- using the Website for purposes other than those set out in the Notice.
I.5.8. La&Bel reserves the right to suspend or to discontinue all or part of the Website, at any time, without statement of grounds and without prior notification.
I.5.9. La&Bel declines all and any liability in the event the User fails to comply with the Legal Notice, TCS, Cookies Policy, Privacy Policy and/or applicable laws and regulations. The User shall defend, indemnify and hold La&Bel harmless against all court proceedings, complaints or charges brought by third parties (including by the public authorities) in respect of his/her use of the Website.
I.6. PROTECTION OF PERSONAL DATA AND COOKIES
La&Bel will ensure the protection of personal data provided in accordance with the Privacy Policy available on our Website under “Privacy Policy”.
The User is also informed that, during their visits to our Website, one or more cookies may be automatically installed in their browser software. The rules applicable to cookies are accessible in the Cookie Policy available on our Website under “Cookie Policy”.
I.7. INTELLECTUAL PROPERTY
I.7.1. The title of ownership of the Website and its elements (trademarks, logos, graphics, photos, animations, videos, musical content, texts, etc.) rests with La&Bel. They are protected by intellectual property rights (notably copyrights, design rights, trademark rights, etc.) and may neither be reproduced, used nor disseminated without the written prior permission from La&Bel or, as applicable, of the holder of the rights in question, at the risk of being deemed an infringement of copyrights and/or design rights and/or trademark rights, punishable in accordance with applicable law.
I.7.2. Through the present Notice, La&Bel hereby grants the User a non-exclusive, non- transferable license, for an open-ended term, which may be revoked at any time without statement of grounds, to access the content of the Website, to display and download content solely for viewing purposes. The User shall equally be permitted to print off copies of the content shown on the Website for personal use, subject to the requirement that he/she does not in any way alter the content of the Website and that he/she keeps all of the website's mentions of authorship and origin. As such, any reproduction is therefore permitted solely for strictly private purposes within the meaning of article XI.190 5° of the Economic Law Code.
I.7.3. All use of the Website and of its elements not provided for under the present article is strictly prohibited.
I.8. LINKS TO AND ON OTHER WEBSITES
The Website may contain hypertext links to other websites. In addition, some websites may contain a link to our Website. These third-party websites are beyond the control of La&Bel, which consequently declines all and any liability for the operation of said websites, their content or their use.
La&Bel takes no responsibility for the content of sites to which our Site links, nor for any damage sustained while visiting those sites. Users visit other sites under their own responsibility and at their own risk.
I.9. CHANGES – LANGUAGE VERSIONS
I.9.1. La&Bel reserves the right to modify the content of this Notice at any time and without notice. The User is therefore invited to consult them regularly.
I.9.2. In the event of any discrepancies between the language versions of the present Notice, the TCS, the Privacy or the Cookies Policy, the Dutch version shall take precedence.
I.10. VALIDITY - SEVERABILITY
I.10.1. The fact that La&Bel does not invoke a clause of the present Notice at a certain point in time may not be taken to mean that La&Bel waives its prerogative to assert its rights pursuant to said clause in due course.
I.10.2. The nullity, obsolescence or the unenforceable nature of all or part of one of the clauses above or below shall not cause the nullity of the present Notice in their entirety. The clause that has been found to be null and void, obsolete or unenforceable, either in full or in part, shall be deemed not to have been written. La&Bel hereby undertakes to replace the said clause by another clause, which - insofar as possible – pursues the same aim.
I.11. APPLICABLE LAW AND COMPETENT COURT
This Website is governed by Belgian law. Any dispute or litigation that may arise from the interpretation, execution or validity thereof will be the exclusive jurisdiction of those courts to which La&Bel is subject.
Before putting in place any steps to resolve a dispute through the courts, the parties hereby undertake to make every effort to resolve matters amicably.
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II. TERMS AND CONDITIONS OF SALE
II.1. INTRODUCTIONPlease read the following terms and conditions (the "Terms and Conditions" or “TCS”) carefully before submitting your order on the La&Bel-website.
These terms tell who we are, how we will provide our products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Any order through this website will be subject to these TCS.
II.2. SELLER - PUBLISHER IDENTIFICATION
The www.la-bel.be website (hereinafter referred to as the “Website”) is managed and operated under the responsibility of:
BE&LA.STYLE BV (hereinafter referred to as “La&Bel”, “we”,"us" or "our")
Hogenbilk 14
8470 Gistel
BELGIUM
Company number BE0450243217
Customer Service Contact Information La&Bel
- Postal correspondence: Hogenbilk 14 – 8470 Gistel – Belgium
- Email: info@la-bel.be or by the contact form on our website.
II.3. DEFINITIONS
The terms “Be&La.Style”, "La&Bel", “we”,"us" or "our" refer to Be&La.Style BV throughout this site.
Our website, all the information it contains, and the services offered may hereinafter be referred to as “La&Bel Services” (or our “Services”).
Anyone who wishes to use our services and has met the TCS will hereinafter be referred to as a “Customer” (or you).
A “User” is a natural person, end customer visiting and using our Website.
Any order placed by a customer as provided for herein will be referred to as an “Order”.
In these terms, where we refer to “Personalized Products” we mean any products that are made to your order and instructions including, for example, hot stamping service and any alterations to our standard products carried out for you.
II.4. ACCEPTANCE OF TERMS AND CONDITIONS
The acquisition of a good or a service, or the creation of a personal account implies the acceptance of all the present TCS by the User, who acknowledges having become fully acquainted with them. This acceptance may consist, for example, in consumers ticking the box corresponding to the sentence indicating acceptance of these general terms and conditions. A tick in this box will be considered to have the same value as a handwritten signature from the User.
The acceptance of these TCS implies that the users have the necessary legal capacity to do so.
La&Bel reserves the right to amend the TCS at any time and without notice. Please check the latest version of the TCS on our Website before placing an Order. If you order products after we post changes to these TCS, you confirm your acceptance with the new terms. Any deviations from these TCS must be the result of a mutual agreement recorded in writing.
The products shown on our Website are intended to be sold exclusively to final customers who are natural persons, acting exclusively for their personal needs and not directly related to a commercial activity. Your order on our Website must be strictly limited to your personal use.
By placing an order through this Website, you warrant that you are at least eighteen (18) years old and that you are capable of entering into legally binding contracts.
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.
II.5. OUR PRODUCTS
II.5.1. Description – Order – Availability
All products shown on the Website are subject to availability. Although we seek to publish information on the Website that is, to our best knowledge, correct and up to date, certain products shown on the Website may no longer be available for purchase. In case the product is not available, La&Bel will inform you via phone or email. If we are unable to get in touch with you, your Order will be cancelled automatically. All payments that have been made will be refunded. Neither party will be entitled to claim any compensation due to such cancellation.
Products may vary slightly from their pictures. We make our best efforts to produce high quality images of our product selection on our Website and to display the colors accurately. However, minor differences in color are possible as a result of different image acquisition, display technologies or other technical reasons.
Also, other variations in products as for example but not limited to, the size and color nuances of the scales of salmon and pirarucu we use, are possible. The leather and fish leather we use is a natural product which can vary in color or structure from product to product and from collection to collection.
Considering the foregoing, the images of the products on our website are for illustrative purposes only.
La&Bel cannot therefore be held liable if the characteristics of the items differ from the visuals on the Website or if the latter are incorrect or incomplete. Please take into consideration the texts for the characteristics listed on the collection pages, which we have tried to describe as accurately as possible. However, we cannot be held liable for the direct or indirect consequences of a material error, typographical error or any other unintentional error or negligence relating to the information published on the Website. Please note that manufacturers may change the technical composition of product references without any notice.
The product offerings on our Website are non-binding and only constitute an invite to the customer to place an order. All orders are subject to acceptance by us. We reserve the right to change the products offered on the Website at any time.
II.5.2 Pre-Order
You may order, on this Website, products that are not yet manufactured and for which you make a “pre-order. These pre-ordered products are also subject to availability and we give no warranty about their production or manufacturing. In case the product cannot be made available for any reason whatsoever, all payments that have been made will be refunded. Neither party will be entitled to claim any compensation due to such cancellation.
II.6. ORDER AND ACCEPTANCE
II.6.1. Order Process
Once you have chosen a product you wish to order, you must complete our online ordering process starting to press the “Order now” or “Pre-order now” button. The selected product will be placed in your “Shopping Bag”. You can monitor at any time the products you have selected by clicking on the "Shopping Bag" button and remove or add any product.
Please make sure any personalization details are accurate. If we are personalizing products in accordance with details you have given us, you are responsible for ensuring that these details are correct.
When you have completed your selection and wish to confirm the contents of your "Shopping Bag”, proceed to “Checkout” and follow instructions.
When placing an order for the first time, you may either check in as a guest or open an account with us.
II.6.2. Payment
Once this information has been duly entered and confirmed, the price of the products and any eventual charges shall automatically be displayed. Please verify the accuracy of the selection before confirming the order. If you agree with the selection and the price, please click on the “Continue to payment” button. You will then be required to enter your payment details. By clicking on the "Continue to payment" button, you place a binding order for the products in your Shopping Bag.
All orders must be paid at the time of ordering. We accept the following payment methods: Bancontact, Belfius Payment Button, KBC Payment Button, Maestro, Mastercard, Visa, Amex.
La&Bel uses Secure Socket Layers (SSL), the industry standard in transferring information to process your Orders, by using Mollie. Communications are secured by encrypting all data to and from the site.
The products remain the property of La&Bel until the purchase price has been paid in full by the Customer. Irrespective of the title of property, the risk of loss and damage shall pass to the Customer at the time of delivery.
II.6.3. Order Confirmation
The order is successfully completed if it has been confirmed by La&Bel with a confirmation email. This confirmation email does not yet constitute the acceptance of the Customer's order by La&Bel. All orders are subject to availability and acceptance. We reserve the right not to accept an order. Such non-acceptance may result, for example, from the fact that (i) products are shown on the Website but are no longer available; (ii) products shown on the Website contain a manifest price error; (iii) we are unable to obtain authorization for your payment; (iv) shipping restrictions apply to a product. We will inform you about the inability to supply the products without undue delay and will reimburse you immediately for any sums which have already been paid for the unavailable products.
The purchase contract is deemed to have been concluded when you receive a confirmation from La&Bel that the products have been shipped to you.
II.6.4. Cancelling A Recent Order
An order that has already been sent can be cancelled, provided that you refuse the package without opening it.
To cancel an order that you have just placed, please contact us quoting the invoicing name on the order and the order number.
Cancellation will be free of charge if the Order has not yet been prepared. If the Order has already been shipped, the Order can be cancelled only if you refuse to accept the package, without opening it, and shipping and return fees may be deducted from the refund.
II.6.5. Price - Import Charges and Taxes– Delivery Charges
Our prices include Belgian VAT.
The sales price for each product featured on our Website is expressed in Euros.
La&Bel will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, La&Bel will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
We will not provide VAT-refund services.
La&Bel reserves the right to change its prices at any time.
Prices appearing on your Order after it has been confirmed and recorded are those listed on the day of the order. They are fixed and final: if the prices drop a few days after the order is placed, we will under no circumstances be able to compensate you for the difference; if the prices increase, we are committed to selling at the price set on the day of the order.
Delivery charges are applied for shipping the order. Unless otherwise specified in the product sheet, these charges are calculated according to the price list published on our page delivery charges, according to the destination. This amount will also be added to your shopping cart. The total price including these charges will appear in the shopping cart summary before confirmation of your order:
- Shipping costs for Belgium are free of charge
- For all purchases above 195 EUR, shipping is free within the EU.
- Shipping costs outside the EU are shown during the purchase process.
Express shipping comes with an additional cost. Please contact us via info@la-bel.be in case you would like to have your item shipped in Express service.
II.7. DELIVERY
II.7.1. Delivery Times
Our delivery times vary according to your geographical area and the carrier making the delivery. La&Bel will notify you if we discover a problem that may prevent us from meeting the maximum legal time limit of 30 calendar days.
Delivery is made to the address you provided when placing the order. Deliveries are made Monday to Friday, during normal business hours.
Unless otherwise specified on the Website during the ordering process or in the description of the products ordered, we undertake to deliver the products within the EU within the maximum legal time limit of 30 calendar days.
In Belgium and neighboring countries, we undertake to deliver within 5 working days, while in other European countries (excluding islands and mountainous regions) the delivery time is 6 working days. Outside the EU, the delivery time is five (5) to seven (7) working days.
If the carrier notifies us of a delay in shipment or any other problem that may cause a delay, La&Bel will notify you via email and let you know the likely waiting time and/or offer another option. The sale will be cancelled if you do not reply to this email within 7 working days and the paid amounts will be reimbursed. La&Bel cannot be held responsible for any delays with the carriers.
Delivery times are indicative and shall not be regarded as strict deadlines. Delivery times vary depending on the type of product you order, the availability of the product, your delivery address and the delivery method you choose. When you order a product in "pre-order" the delivery time will be extended or at least be different from a product already in stock. La&Bel may therefore provide for a different delivery timeframe depending on whether certain products have been pre-ordered and whether certain products are in stock at the time of the pre-order.
In any event, the items may be delivered on time only if the purchaser is up to date with the Customer's obligations towards La&Bel, while a timely delivery may not be possible if the obligations are not being met, whatever the cause.
II.7.2. Late Delivery
Do not hesitate to report any delay in delivery so that we can conduct an investigation to find your package or provide a refund.
If the usual delivery time given for the country of destination is exceeded by more than 3 working days, the Customer should notify La&Bel, so that the latter can launch an investigation procedure in-house and with the carrier, and, depending on the information received, either offer another deadline, or undertake a second shipment at La&Bel's own expense (it is up to the Customer to refuse this second shipment and ask for it to be returned if the first shipment arrives in the meantime), or provide a refund.
If this new deadline is not met or is clearly not reasonable, the consumer may make a written request, within a maximum of 30 days, to cancel the sale. No complaints will be accepted after this deadline.
In the case of a termination or in the case of failure to reply to the e-mail notifying a delay / shortage of stock, the sums the consumer committed when making the order will be refunded within a maximum period of 14 days in the light of the payment for the undelivered products. This clause is not applicable if the delay is due to force majeure during the order preparation or delivery (see article in these general terms and conditions of sale on the limitation of liability). In such a case, the customer undertakes not to take legal action against the seller and waives the right to terminate the sale as provided for in this article.
II.7.3. Partial Delivery
La&Bel is entitled to make partial deliveries of products subject to a single sales agreement. Additional delivery costs will be borne by La&Bel
II.7.4. Transfer of Responsibility
Irrespective of the title of property, the risk of loss and damage shall pass to the Customer (or the person appointed by the Customer) at the time of delivery.
II.7.5. Discrepancy during the Delivery
Your package is properly packaged and insured against damage and theft, so please check the condition of the package upon receipt and refuse it if you have any doubt about its condition or contents.
Your purchases are packaged with the greatest care using appropriate protective materials. The attention we pay to packaging allows us to provide an optimum delivery service.
Shipped products are insured against deterioration and theft free of charge during the entire transport operation. You should therefore check the completeness of your order and all items in it upon receipt of the package and in the presence of the person making the delivery in order to raise a concern if necessary.
Should you notice any discrepancy concerning the external appearance of the package (such as tears, traces of moisture, and other forms of deterioration) or you have any doubts about the condition or content of the Order, you are obliged to refuse the goods upon receipt. The Customer must mention any discrepancy on the delivery note, in the form of handwritten comments, together with the Customer's signature. Any product that is refused must be returned to the carrier in its entirety and in its original packaging. We are not compelled to grant your request to exercise a right of refusal if you do not comply with these requirements.
II.7.6. In the Event of Absence
The telephone number or e-mail address you have provided will enable the carrier to contact you. If there is no delivery, you will be able to contact the carrier using the number and reference stated on the delivery note.
II.7.7. If the Package is not Collected
If your parcel is returned to us by the carrier, La&Bel will contact you by email after receipt of the parcel to ask you what you now want to do about the Order. If you have mistakenly refused to accept the parcel or if you were absent at the time of delivery and you did not go on to retrieve the parcel from the carrier within the deadline, you will be able to ask for it to be sent back by making prior payment of the costs of sending it again. These fees must be paid even for orders for which shipping costs were free.
II.8. RETURNS – RIGHT OF WITHDRAWAL
II.8.1. Return Notification
You have the right to withdraw or return the Order within fourteen (14) days without giving any reason.
The withdrawal period will expire after fourteen (14) days from the day of delivery of the product(s). If several products are ordered in a single order and delivered separately, the period of fourteen (14) days is calculated from the date of delivery of the last product.
To exercise the right of return, you must inform La&Bel by completing the return form on the return portal
To exercise the right of withdrawal, you must inform La&Bel of your decision to return the product(s) by an unequivocal statement (for example a letter sent by post or e-mail) or by using the sample withdrawal form below which should be sent to the following address:
BE&LA.STYLE BV
Hogenbilk 14
8470 Gistel
Belgium
Email: info@la-bel.be
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your will to return the products before the withdrawal period has expired. The return is successfully completed if it has been confirmed by La&Bel with a confirmation e-mail.
The right of withdrawal and the possibility to return the products does not apply to any supplied Personalized Products.
Your Order is being returned at your costs and at your own risk. Only after the returned items have been received and approved by La&Bel, we will proceed with the refund. Import taxes, customs, duties cannot be refunded.
II.8.2. Liability Regarding the Product Condition
The return will not be accepted and no refund will be made if the product is not returned in the same condition as it was delivered (for example incomplete, damaged or soiled). The Product must be returned in the original packaging and. Please make sure the sealed hang tag is intact and still attached to the (hand)bag and completed with any related accessories such as the La&Bel dust bag, instructions and certificate, with the original invoice and the withdrawal form. You are solely liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature and characteristics of the products. You must ensure that the products are intact, that they have not been used, worn or damaged in any manner whatsoever. We reserve the right to refuse the return of products which have been damaged or deteriorated or which are in a condition that clearly shows that they have been used for purposes other than the controls which are strictly necessary for the evaluation of the nature and characteristics of the products.
II.8.3. Reimbursement
If you return your product(s) La&Bel will reimburse to you all payments received from you without undue delay and in any event not later than fourteen (14) days from the day on which we will have received the products in return. La&Bel will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
La&Bel reserves the right to not refund depreciation that stems from handling the merchandise beyond what was necessary to determine the nature, features and serviceability of the items.
II.9. INSPECTIONS AND DEFECTS
II.9.1. Defaults Notifications
You must inspect the products at the time of delivery and notify any lack of conformity or defects in writing without undue delay. This notice shall be deemed to have been made without undue delay if it is sent within 5 (five) business days after delivery or, if the defect was not apparent during a normal inspection, no later than within 3 (three) business days after the defect has been detected. If you fail to provide such notification, the products shall be deemed to be approved by you.
II.9.2. Replacement of Defected Products
In the event of a non-conformity or defect in the product, you are entitled to request the repair of the defect or the replacement by another defect-free product. La&Bel is entitled to refuse the repair or replacement requested by the Customer if such repair or replacement would result in unreasonable costs. If the product cannot be repaired or replaced within a reasonable period, you are entitled to cancel the sales agreement, reduce the purchase price or claim damages, in each case in accordance with applicable law.
This warranty does not affect your legal right as a consumer pursuant to articles 1649bis et seq. of the Belgian Civil Code or any mandatory statutory right that you may have based on local national law.
II.10. INTELLECTUAL PROPERTY
II.10.1. La&Bel is a registered trademark.
II.10.2. The title of ownership of the Website and its elements (trademarks, logos, graphics, photos, animations, videos, musical content, texts, etc.) rests with La&Bel. They are protected by intellectual property rights (notably copyrights, design rights, trademark rights, etc.) and may neither be reproduced, used nor disseminated without the written prior permission from La&Bel or, as applicable, of the holder of the rights in question, at the risk of being deemed an infringement of copyrights and/or design rights and/or trademark rights, punishable in accordance with applicable law.
II.10.3. Through the present Notice, La&Bel hereby grants the User a non-exclusive, non- transferable license, for an open-ended term, which may be revoked at any time without statement of grounds, to access the content of the Website, to display and download content solely for viewing purposes. The User shall equally be permitted to print off copies of the content shown on the Website for personal use, subject to the requirement that he/she does not in any way alter the content of the Website and that he/she keeps all of the website's mentions of authorship and origin. As such, any reproduction is therefore permitted solely for strictly private purposes within the meaning of article XI.190 5° of the Economic Law Code.
II.10.4. You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, “User Submissions”) to your social media accounts. By posting and uploading User Submissions that you have tagged with La&Bel brand hashtags, you grant to La&Bel and its third-party service providers who provide content management services (collectively, the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your La&Bel-tagged User Submissions in any manner to be determined in La&Bel’s sole discretion, including but not limited to on its webpages, social media pages operated or instructed by La&Bel, and in its other marketing, promotional and advertising initiatives, in any media now or hereafter known. La&Bel may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions. You hereby represent and warrant that (i) you own all rights in and to your User Submissions, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties' use of your User Submissions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold La&Bel, the Licensed Parties, and any person acting for La&Bel or on their behalf harmless from any liability related in any way to the Licensed Parties' use of your User Submissions.
II.10.5. All use of the Website and of its elements not provided for under the present article is strictly prohibited.
II.11. WARRANTY
Our products carry a warranty. Please get in touch with us before returning a product for repair so that we can provide you with a return receipt and written permission. We may redirect you to an approved service center near you. Any damage resulting from your misuse of our product will not be covered under warranty.
All our sold articles are covered by the legal warranty of fitness, the legal warranty against hidden defects and the manufacturer's warranty of 2 years (excluding consumables).
The warranty of fitness may be exercised if a defect is found on the day of the product is acquired and we will be liable for any lack of fitness that becomes apparent within two years after that day. If the defect is discovered within 6 (six) months after delivery, it is presumed to have been present when the goods were delivered, unless the seller can prove otherwise. Conversely, after this period of 6 (six) months, it will be up to the customer to prove that the defect existed at the time the goods were acquired.
You may ask for the warranty to be exercised for hidden defects if the defects revealed did not appear at the time of purchase, predate the purchase (and therefore did not result from normal wear and tear of the product for example), and are sufficiently serious (the defect must either make the product unfit for the use for which it is intended, or reduce this use to such an extent that you would not have purchased the product or would not have purchased it at such a price if you had been aware of the defect).
Please note that the warranty does not apply to the repair of damage after delivery resulting from a cause unrelated to the product (such as an impact, oxidation, damage related to a loss,...) or from a fault that is your responsibility, including, but not limited to, misuse or an installation inconsistent with the manufacturer's specifications, use detrimental to the proper preservation of the product, use of a commercial or collective nature or the use of unsuitable accessories. Also excluded from the warranty are products altered, repaired, incorporated or added by yourself or any other person not authorized by La&Bel, the replacement of parts, accessories or consumables for which regular renewal is required.
In the case of products that are inconsistent with the information provided when the products were presented on the site or have hidden defects, they will be replaced or refunded depending on the availability of similar products and your requirements.
Complaints should be made as soon as possible after discovering a defective or non-conforming product and in any event within 14 days by post or by sending an e-mail in the light of the La&Bel's contact information. A failure to do so will result in a forfeiture of the right to complain. You should ensure that the problem in question is described in detail by attaching any information that will allow the validity of the claim to be properly assessed (for example, by substantiating it with photographs).
Once the claim is accepted, we will ask you to return the defective product before any exchange operation is undertaken. In this case, you should return the product to us, at our expense, using the transport system that we specify.
Upon receipt, we will proceed with the exchange operation. If it is impossible to exchange the product (obsolete product, out of stock,...), La&Bel will try to offer a comparable product of at least equivalent quality. Otherwise, we will provide a refund, taking into account a proportional depreciation (ratio between the operational life and the usual lifespan of the product purchased, set by agreement at 5 years).
II.12. LIMITATION OF LIABILITY
II.12.1. La&Bel’s liability is limited or non-existent in certain cases, such as force majeure, indirect damage, or use in a country where the legislation is different.
We are generally bound only by a best-efforts obligation. Liability under these general terms and conditions will in no circumstances exceed the amount paid or payable during the transaction giving rise to such liability, regardless of the cause or form of action in question.
We cannot be held liable for the non-fulfilment of the contract concluded, due to a force majeure event (for example unforeseen damage to equipment, fire or damage to production facilities and appliances, interruption of energy sources and generally any unforeseen circumstances concerning the people and tools we need in order to fulfil our obligations and which are likely to make the performance of the contract impossible or simply more costly).
La&Bel will not be liable for any consequential damages, operating losses, loss of profit, damages or expenses that may arise in connection with the products purchased. You alone are responsible for choosing and purchasing a product. The inability to use the products, in whole or in part, in particular because of incompatibility, may not give rise to any compensation, refund or liability, except in the case of a proven hidden defect, non-compliance, defect or the exercise of the right of withdrawal if applicable, for instance if you are not a professional and the contract entered into to acquire the goods or services allows withdrawal, according to the articles in Book VI of the Code of Economic Law.
The products offered comply with the Belgian legislation in force. We cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. Before placing an order, it is your responsibility to check with the competent authorities in your country whether it is possible to import or use this product.
II.12.2. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
II.12.3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under Article 1641 and following of the Belgian Civil Code.
II.12.4. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
II.13. FORCE MAJEURE
Force Majeure exists if La&Bel is, wholly or partially, prevented to accomplish its obligations towards the Customer by circumstances beyond its control. In In this case La&Bel is not obliged to fulfill its obligations and La&Bel may suspend its obligations for the duration of the force majeure.
The contract between the consumer and La&Bel can, in such cases, be partially or fully terminated by yourself or by La&Bel. A Force Majeure is in the event of war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events. Under such circumstances, La&Bel will attempt to resolve all issues in a timely manner.
II.14. VALIDITY - SEVERABILITY
II.14.1. The fact that La&Bel does not invoke a clause of the present Notice at a certain point in time may not be taken to mean that La&Bel waives its prerogative to assert its rights pursuant to said clause in due course.
II.14.2. The nullity, obsolescence or the unenforceable nature of all or part of one of the clauses above or below shall not cause the nullity of the present Notice in their entirety. The clause that has been found to be null and void, obsolete or unenforceable, either in full or in part, shall be deemed not to have been written. La&Bel hereby undertakes to replace the said clause by another clause, which - insofar as possible – pursues the same aim.
II.15. APPLICABLE LAW AND COMPETENT COURT
This Website is governed by Belgian law. Any dispute or litigation that may arise from the interpretation, execution or validity thereof will be the exclusive jurisdiction of those courts to which La&Bel is subject.
Before putting in place any steps to resolve a dispute through the courts, the parties hereby undertake to make every effort to resolve matters amicably.
Published April 8, 2021