November 1, 2020
Welcome to the Lait de Soja website, www.laitdesoja.eu (the “Site”). The Site is operated by Lait de Soja (the "Company," "we," or "us”). By accessing or using our Site you signify that you have read, understand and agree to be bound by these Terms and Conditions, regardless of whether you are a registered user of the Site.
Article 1. Introduction
By placing an order on www.laitdesoja.eu, you are accepting to purchase a Product on and subject to the following terms and conditions of Lait de Soja (Terms and Conditions). The General Terms and Conditions always apply between you and Lait de Soja when you use or place an order through the website www.laitdesoja.eu The General Terms and Conditions contain important information for you as a customer of Lait de Soja. Please read them carefully.
Article 2. Applicability of the General Terms and Conditions
2.1 The General Terms and Conditions apply to all offers and deliveries from, and Agreements with Lait de Soja unless otherwise explicitly agreed on in writing.
2.2 If the Client declares other provisions or terms applicable in his order, confirmation or through any other communication medium, such provisions will only be binding upon Lait de Soja. If and in so far as Lait de Soja has explicitly accepted them in writing.
Article 3. Prices & Information
3.1 All prices as displayed on the Site and include taxes and other levies imposed by the government unless stated otherwise on the Site.
3.2 If shipping costs are applicable, they will be clearly stated on the Site before the Agreement is concluded. The shipping costs will be displayed separately in the ordering process.
3.3 The content of the Site is composed with the greatest care. Lait de Soja can however not guarantee that all information on the Site is displayed correctly and/or is complete at all times. All prices and other information displayed on the Site and on other materials originating from Lait de Soja could include typographical and / or programming errors. Lait de Soja cannot be held responsible for such typographical and/or programming errors and reserves the right to correct such errors at all times.
3.4 Lait de Soja cannot be held responsible for any deviations between the color of the Product and the color of the Product as displayed on the Site.
Article 4. Conclusion of the Agreement
4.1 The Agreement will be deemed to be concluded at such moment that the Client accepts the offer of Lait de Soja, which offer is subject to the General Terms and Conditions.
4.2 If the Client has accepted the offer by electronic means, Lait de Soja will also confirm receipt of acceptance of the offer by electronic means.
4.3 If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Lait de Soja will have the right to suspend its obligations until the correct data has been received from the Client.
4.4 Lait de Soja reserves the right to reject a Client’s order without stating reasons.
Article 5. Execution of the Agreement
5.1 As soon as Lait de Soja has received a Client’s order and has confirmed the acceptance thereof, it will hand over the Products to the shipping company as chosen by Lait de Soja. The shipping company will then send the Products to the Client.
5.2 The Site includes information describing the manner of delivery of the Products and an estimation of the term in which the Products will be delivered to the Client.
5.3 Lait de Soja advises the Client to inspect the Products upon receipt and to report any defects within fourteen (14) days after delivery in writing or by email.
5.4 As soon as the Product has been delivered to the delivery address submitted by the Client, the risk of the Product fully transfers to the Client.
Article 6. Withdrawal/Return
6.1 The Client has the right to return the Product within fourteen (14) days after the Product has been delivered to the Client.
6.2 The Client must inform Lait de Soja. of its wish to return the Product by requesting a return through our Site within the aforementioned period of fourteen (14) days after the Product has been delivered to the Client. This request should include the following information: Order number, Name, Phone number, E-mail address, Item name, quantity and Delivery address. The Client must bear the costs for shipping the Products to Lait de Soja.
6.3 Returned Products must be unused, undamaged and returned in its original unopened packaging with its original packing slip. Returns attempted without satisfying all of the aforementioned conditions, will not be accepted.
6.4 The Client is responsible for the chosen shipping method of the returns. Lait de Soja cannot be held responsible for any returns which are lost and/or damaged in the mail when being returned. We therefore advise you to choose for registered shipment, request tracking information and ensure the package containing the returned Product(s).
6.5 After receiving and accepting the returned Products, Lait de Soja will send another product of the same height and price as the returned product.
Article 7. Payment
7.1 The Client shall pay the amounts due to Lait de Soja in accordance with the ordering process and through the payment method selected on the Site. Lait de Soja is free to offer any payment method of its choice and may change these payment methods at any time.
Article 8. Warranties & Conformity
8.1 Lait de Soja warrants that the Products are suitable for their intended use, as described on the Site.
8.2 Lait de Soja only offers warranties on Products purchased on the Site and only accompanied by a valid proof of purchase.
Article 9. Complaints
9.1 If the Client has any grievances in connection with a Product or regarding any other aspects of the Site or service of Lait de Soja, it can submit a complaint by email or in writing.
9.2 Lait de Soja will respond to the complaint as soon as possible, and in any case within seven (7) days after receipt of the complaint.
Article 10. Liability
10.1 The total liability of Lait de Soja in respect of the Client due to an attributable failure to perform the Agreement is limited to a compensation which does not exceed the price stipulated for that particular Agreement (including VAT and shipping costs).
10.2 Lait de Soja cannot be held liable for any indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption.
10.3 Except as otherwise explicitly provided for in this article 10, Lait de Soja is not subject to any liability, irrespective of the grounds upon which an action or proceeding may be based. The restrictions set out in this article 10.3, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Lait de Soja.
10.4 Lait de Soja will only be liable to the Client on account of an attributable failure in the performance of an Agreement if the Client issues a written notice of default to Lait de Soja. Without delay, stipulating a reasonable period of time in which Lait de Soja has the possibility to remedy the default, and Lait de Soja fails to cure the default within such period. The notice of default must contain a description of the default in as much detail as possible, in order to enable Lait de Soja to provide an adequate response and/or take adequate action.
10.5 Any event giving rise to compensation is always subject to the condition that the Client reports the damage or loss in writing to Lait de Soja as soon as possible, but no later than within fourteen (14) days after the damage or loss has arisen.
10.6 Lait de Soja is not liable to pay compensation for any damage or loss the Client has incurred as a result of a force majeure event, as meant in article 6:75 Dutch Civil Code (DCC). This includes amongst others (and without limitation) the event that any third party engaged by Lait de Soja is not able to fulfill its obligations due to a force majeure event.
Article 11. Retention of title
11.1 As long as Lait de Soja has not received full payment for the Products, Lait de Soja will retain the ownership of the Products.
Article 12. Personal details
12.1 Lait de Soja will process the Client’s personal data in accordance with the Privacy & Policy as published on the Site.
Article 13. Final provisions
13.1 The General Terms and Conditions and the Agreement are exclusively construed in accordance with and shall be exclusively governed by the laws of the Netherlands.
13.2 Any dispute arising out or in connection with the General Terms and Conditions and the Agreement, including disputes concerning the existence and validity thereof will if no amicable settlement can be reached, be resolved by the competent Dutch court in the district where Lait de Soja has its registered office.
13.3 In the event that any of the provisions contained in the General Terms and Conditions will be deemed invalid or unenforceable, then the remaining provisions shall be construed as if such invalid provisions were not contained herein; and such invalid or unenforceable provisions will then be deemed to have been replaced by a provision which as closely as possible meets the intention of Lait de Soja when inserting the original provision.