The translation – in English version of the LUTEA General Conditions of Sales is done from an online translator. The French version presented on the LUTEA website is the official version of the general conditions of sale of all plants and colours products offered on the LUTEA – Belgium website – the french version refers to the law.
1. APPLICATION AND INTERPRETATION
These general terms and conditions of sale exclusively govern all contractual relations between LUTEA 22494 at Smart Productions Associées Belgium, hereinafter referred to as LUTEA, and the customer. The customer’s general or special conditions are not binding on LUTEA. The conclusion of any contract between the parties automatically entails acceptance of these general conditions by the customer. Only the special terms and conditions stated in the contract or agreed in writing between the parties may deviate from them.
Depending on the context and unless otherwise stated, the term “customer” in these terms and conditions shall be interpreted as including any prospect, buyer, consumer or any party entering into a contract with LUTEA. The term “contract” shall mean a purchase order, internet order, sales contract, delivery or any other contract between the parties; the term “product” shall mean any colour or pigment product, paint, article, package, box or other accessory manufactured, offered and/or marketed by LUTEA.
Any specifications or data contained in product sheets, brochures, price lists and other documents or on the site are provided for information purposes only. Product specifications and prices may be changed at any time without prior notice.
Offers are valid while stocks last. LUTEA reserves the right to cancel any order in the event that LUTEA is no longer able to satisfy the order under the conditions specified. If the cancelled order has already been paid for by the customer, the undelivered products (partially or totally) will be refunded.
The customer, only if he/she is a non-professional consumer, has the right to notify LUTEA that he/she renounces his/her purchase, without penalty and without giving any reason, within 7 working days from the day following the delivery of the product(s).
The customer is obliged to return the product(s) intact in its original packaging. The customer is responsible for the return costs.
LUTEA reserves the right to refuse the returned product(s) or to make only partial refunds when it appears that the packaging has been opened and damaged, or that the product has suffered damage as a result of the customer’s handling or negligence.
Special orders, whether or not they involve customised manufacture, are deemed to be firm and definitive after acceptance of the quotation. They cannot give rise to a return of goods.
3. PRICES AND PAYMENT TERMS
The prices are in Euros excluding VAT and when validating the online purchase, the VAT of the buyer’s country is added.
In the case of Internet sales, the shipping costs are mentioned in the customer’s shopping cart and on the order summary page. The products are shipped via a carrier or via the Belgian post office.
In case of delivery to a country outside the European Union, the delivery costs will be calculated. The customer is responsible for customs duties.
LUTEA reserves the right to modify prices in the event of a change in the VAT rate, typographical error, increase in production costs and raw materials or modification of any legal or administrative constraints.
Payments will be made directly online at the time of ordering via secure systems. Cash on delivery is also not practiced.
LUTEA will dispatch the products within 8 days of receipt of the order, except in the event of force majeure or stock shortage.
The customer undertakes to make every effort to receive the order. In the event that the customer refuses to accept the products or is late in accepting them, the customer will be liable for payment of the price, in accordance with the terms and conditions initially agreed.
The buyer is obliged to check the conformity, quantity and quality of the goods upon receipt. Complaints about the conformity of the goods will only be accepted if they are notified by the buyer immediately – and at the latest within eight (10) days after receipt of the goods – by e-mail, and on condition that the goods are kept at LUTEA’s disposal to enable us to carry out any observations. This may be done by photograph.
If we consider that a complaint about the conformity of the goods is justified, the buyer is entitled to a refund of the goods.
LUTEA cannot be held responsible for normal wear and tear, lack of maintenance or the way the products are used. Complaints about the content of our invoices are only valid if they are received in writing within eight (10) days of the invoice date.
6. USE AND HANDLING OF PRODUCTS
The customer is aware that the products :
Lutea’s pigment varnishes and watercolours are only intended for art, painting and crafts; they may not be ingested, nor used for other purposes or applications.
For indigo, it is intended for painters in all fields of art and also for dyers, soap makers, violin makers, decorators, hairdressers, cosmetics, etc.
Pigment colours and watercolours are fragile and must be handled carefully and stored in a dry and clean place, at a temperature ranging from 5° to 23° Celcius for watercolours, preferably away from light for pigment colour bottles.
7 . FORCE MAJEURE ON THE PART OF X
If, as a result of an event of force majeure or circumstances beyond the control of LUTEA, it is impossible to fulfil the order in full or in part, we are entitled either to dissolve the order in full or in part and to reimburse the customer until the situation of force majeure has ceased to exist, all without being obliged to pay any compensation to the customer.
Force majeure is any circumstance which, according to the law or generally accepted standards of social relations, is not attributable to our will or our fault
8. APPLICABLE LAW AND JURISDICTION
The rights and obligations of the parties are subject exclusively to Belgian law.
Any dispute arising from the contract and these general terms and conditions of sale shall be brought before the courts of Nivelles.
However, if the customer is a consumer (non-professional) and if there is a legal provision that imposes the jurisdiction of the court of the consumer’s domicile, then the competent court will be the one imposed by this law.
67 rue Alphonse Robert
© 2022 LUTEA / Couleurs Végétales