General terms and sales conditions Luxembourg
The present General Terms and Sales Conditions (hereinafter referred to as C.G.) shall apply as from 1 January 2021. All sales made by Lyreco Luxembourg (hereinafter referred to as Lyreco) are subject to these A.V. which take precedence over any general clauses which may appear on the purchaser's documents, unless Lyreco expressly and formally waives these C.G. Lyreco reserves the right to amend or change these C.G. at any time. The updated version of the latter is available on the website www.lyreco.lu. In the event of a change, the C.G. will be effective on the day the order is placed. Each purchaser (hereinafter referred to as the "Customer(s)") is deemed to have read and accepted the C.G. when placing the order.
Addressing by the customer
Lyreco will contact Customer at the addresses, e-mail details and during the opening hours specified by Customer. In the event of a change of address, change of e-mail address or change in opening hours the Customer is under the express obligation to immediately notify Lyreco of these changes. Under no circumstances will Lyreco be held liable for any damage, delay or the like, resulting from the Customer's failure to communicate the change of address, e-mail address or opening hours in a timely manner or incorrect fashion.
ART. 1.: Deliveries and invoicing
Orders placed in any way are available according to Lyreco's delivery options. Delivery times are indicative. Changes in delivery times do not constitute a breach of the contractual obligation and cannot give rise to any compensation. For each order 1 euro will be charged. For orders up to 50 euros excluding VAT, an additional amount of 9.9 euros will be charged.
The goods are shipped at the risk of Lyreco. Lyreco has the right to have the goods delivered by a third party. Deliveries are made to one central delivery point specified by the customer. Lyreco uses a mobile application to receive the electronic signature of the Customer together with any comments on the delivery. This information is immediately available for various services within Lyreco. Lyreco has the right to deliver orders in parts and invoice accordingly.
In the event of a call-off order, all goods must be called up within 6 months following the order. As from the expiry of this 6 month period following the order, Lyreco has the right to invoice all goods that have not been called. The delivery of these goods will take place after full payment has been received. Our standard way of invoicing is pdf invoicing. The Customer will provide the correct e-mail address at the start of the agreement and afterwards in the event of changes. Failure to provide a correct e-mail address or to provide a correct e-mail address in a timely manner is not a reason for non-payment.
The following specific terms and conditions deviating from the General Terms and Sales Conditions of Lyreco apply to all home delivery services provided by Lyreco:
Delivery to the Customer's employee(s)' home is possible for all products normally available to Customer. Lyreco reserves the right to refuse any purchase order of Product(s), in particular on the basis of excessive quantities or volumes.
Transport costs of €9.90 will apply to any purchase order under €50.00 to be delivered to the Customer's home office, such transport costs will be clearly indicated to the Customer's employee when placing the purchase order. For each home delivery the delivery times may differ from Lyreco's standard delivery times and will also be indicated to the Customer's employee when placing the purchase order.
The employee(s) of the Customer who places the purchase order(s) for home delivery will be present at home on the day of delivery by Lyreco to receive the products. In the absence of these employee(s) of the Customer, Lyreco remains free to charge additional transport costs in order to make a new delivery to the employee(s) of the Customer who is (are) in default. Products delivered via home delivery are not eligible for Lyreco's return policy of thirty (30) days and cannot be returned or exchanged.
The invoicing and payment terms which apply are the same terms which apply to the Customer for all other regular purchase orders, unless other terms have been agreed on or validated by Lyreco. All other terms and conditions of the General Terms and Conditions of Sale of Lyreco which are not amended or modified by this section will continue to apply between Lyreco, the Customer or the Customer's "employee". Customer authorises and remains solely responsible for all orders placed by its employees and for the use of their login to the Lyreco web shop, regardless of the place of delivery.
ART. 2: Retention of title
By explicit agreement the delivered products remain the property of Lyreco until the effective payment of the full price in principal and accessories. This provision does not prevent the risks of loss and damage of the sold goods from being transferred to the Customer as soon as the goods have been delivered.
ART. 3: Products
Lyreco products comply with applicable local legislation. The choice of products remains the sole decision and responsibility of the Customer; the Customer remains solely responsible for determining his needs and the compatibility of the chosen products with his needs and the use for which he intends to use them. The Customer is solely responsible for maintaining and/or using the products ordered. Lyreco can under no circumstances be held liable in this respect.
Before placing an order or using a delivered product it is up to the Customer to check the product information (e.g. safety information, instructions for use, etc.) which can be found on the Lyreco website, on the manufacturer's website, on the packaging and/or the documentation accompanying the product.
The descriptions and information provided by Lyreco through its catalogues (on paper or online) are never exhaustive and are only of an informative nature. Depending on the nature and destination of the product sold, Customer is obliged to comply strictly with all safety instructions and recommendations provided by the manufacturer and to use the products he has purchased correctly.
The photos and illustrations accompanying the products, whether they appear in Lyreco's catalogues and/or on the website www.lyreco.nl have no binding value. The list and characteristics of the products may be modified and adapted at any time.
The product range is available as long as stocks last. Lyreco reserves the right to refuse certain orders.
ART. 4: Complaints - returns
The Customer must immediately examine the delivered goods for conformity. After a period of 15 days after receipt of the product(s) Lyreco reserves the right to refuse any complaint. In any case the product(s) in question can only be taken back at the delivery address, in perfect reselling condition and in the original, undamaged packaging. Lyreco does not accept returns of products without prior explicit permission. Exceptions to the Lyreco Return Policy.
The following goods are not subject to return and/or replacement:
- All products supplied directly by the manufacturer.
- All personal protection and security products.
- All foodstuffs and products with an expiry date.
ART. 5: Warranty
The general warranty is valid for one year from delivery. The guarantee does not apply to consumables and foodstuffs.
ART. 6: Prices
Prices are indicative and expressed in euros excluding taxes. The applicable rates are those in force on the day of the order and can be consulted on the website www.lyreco.lu. As prices are always based on agreements with suppliers, Lyreco reserves the right to change them at any time. Prices do not include assembly and installation costs. The price must always be at least equal to the purchase price and will automatically be adjusted accordingly in the event of an increase in the latter.
ART. 7: Terms and conditions of payment
Payments shall be made in Euros within 15 days of the invoice date, subject to financial acceptance of the file and without any discount for early payment. In addition, the Customer has the option of paying directly online by credit card. Lyreco reserves the right to revise the payment methods granted in the event of a deterioration of the financial position or negligent payment behaviour on the part of the Customer.
In the event of late payment Lyreco has the possibility to postpone new deliveries, cancel an allotted payment term and all outstanding amounts become immediately due and payable. In the event of late payment, the invoice amount will be increased by 10% by operation of law and without notice of default being required, and a conventional interest of 1% per month will also be due by operation of law and without notice of default being required, with as a minimum the default interest as laid down in the Law of 2 August 2002 on late payment in commercial matters.
Without prejudice to the foregoing, Lyreco is entitled to demand an advance payment. Lyreco is at all times entitled to set off its claim against Customer against any counterclaim by Customer or a company related to Customer. Any complaint regarding the invoicing which is not notified to Lyreco in writing within 10 days is late and inadmissible.
ART. 8: Confidentiality
The Customer undertakes not to disclose any information received from Lyreco in connection with the delivery of products and prices. The Customer undertakes not to use the aforementioned information, in any form whatsoever, for any purpose other than the execution of orders from Lyreco.
ART. 9: Protection of personal data (privacy)
ART. 10: Intellectual property
With respect to Customizable Products, the Customer
(i) authorises Lyreco and grants it a temporary licence to produce Personalised Products on its behalf,
(ii) guarantees Lyreco that the Personalised Products do not infringe any third party rights.
The Customer further guarantees Lyreco that it has all rights to include the desired customised elements. Under no circumstances can Lyreco be held liable for the infringement of the rights of third parties as a result of Customer's customisation of products. Customer undertakes to compensate Lyreco for all costs and any other damage resulting from any action taken against it in connection with the violation of the aforementioned rights.
Lyreco reserves the right, in its sole discretion, to refuse any order of customised products containing words or images deemed inappropriate, unethical or illegal.
ART. 11: Limitation of liability
The maximum amount of compensation to be paid by Lyreco for an event related to the delivery of the product to the Customer cannot exceed the cumulative amount of the amounts invoiced to the Customer over 3 months with a maximum of 10,000 euros, except in the case of bodily injury.
Lyreco can under no circumstances be held liable for consequential or indirect damages such as (without this list being exhaustive) operating loss, loss of income or financial loss, etc. Any notification and/or claim by the Customer regarding Lyreco's liability which is not made within 10 days after the event or fact is late and inadmissible.
By way of exception to the provisions of the General Terms and Conditions of Sale of Lyreco, Lyreco cannot be held liable by the Customer for any breach of any provision of these Terms and Conditions of Sale caused directly or indirectly by any pandemic situation (as defined by the WHO), including but not limited to COVID-19, any governmental decision restricting freedom of movement, or by any related event.
ART. 12: No distance
Lyreco's failure to invoke a provision of these General Terms and Conditions of Sale cannot be interpreted as a waiver on its part to invoke this provision at a later date.
ART. 13: Applicable law and competent court
All legal relationships are exclusively governed by Dutch law. The Vienna Convention on Contracts for the International Sale of Goods (C.I.S.G.) does not apply, nor does any other international regulation of which exclusion is permitted.
All disputes that may arise as a result of this agreement or any further agreements resulting therefrom shall be settled on an exclusive basis by the competent court in Utrecht.
ART. 14: Ban on resale
The Products will be sold to Customer as end user and may not be resold to third parties without the prior written permission of Lyreco, under penalty of damages.
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