1. Applicability
1.1 All offers, orders and agreements of La Vie Divine are subject to these General Terms and Conditions of Sale (hereinafter: Conditions) to the exclusion of any other general terms and conditions.
1.2 Accepting an offer or placing an order implies that you accept the applicability of these Terms and Conditions.
1.3 The provisions of these Terms and Conditions can only be deviated from in writing, in which case the other provisions remain in full force.
1.4 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements on behalf of La Vie Divine, are also stipulated for the benefit of intermediaries and other third parties engaged by La Vie Divine.
2. Agreement
2.1 An agreement is only concluded after acceptance of your order by La Vie Divine. La Vie Divine is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, La Vie Divine will inform you within 5 (five) working days after receipt of the order.
3. Prices and/or offers
3.1 All offers from La Vie Divine are without obligation and La Vie Divine expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations.
3.2 All prices in our store and webshop are stated in euros (€), including VAT and excluding shipping costs.
3.3 By-products are only optional, there is no obligation.
3.4 For custom designs, we always work on the basis of quotation.
3.5 When creating a custom design applies, you pay by default for preparing your logo for printing or embroidery with us. Created digital work files are never delivered to the customer separately. If you wish to have separate embroidery or print files drawn up for your own use and wish to receive them as a freely usable digital file, other prices and conditions apply.
3.6 The exact cost of customization always depends on the number of pieces that are purchased and the development cost of the requested design. For customization, this can only be determined after correct and detailed information about placement, logo, numbers,… from you.
3.7 Quotations have a validity period of 1 month (from date of dispatch)
3.8 For business customers, an advance of 50% of the total amount is required as standard. Private individuals pay in full before the start of the assignment.
3.9 In the event of cancellation of the assignment after approval of the quotation and payment of the advance, the advance will be retained in full as compensation.
3.10 La Vie Divine is free to hold discount promotions with a fixed duration. Conditions for prize campaigns, discount promotions and sales are always clearly indicated in the store and / or webshop and only apply according to periods indicated there and to the communicated conditions.
4. Delivery
4.1 The delivery of the products takes place at the place and time when the products are ready for shipment to you.
4.2 The text on personalized items is made exactly as supplied by the customer. La Vie Divine cannot be held responsible for spelling errors and incorrectly transmitted personalization for items.
4.3 Orders via the webshop will be delivered according to the processing period advertised on the website.
4.4 Orders via private store and webshop will only be processed after receipt of payment. When ordering online on closing days and/or public holidays, this is the next working day following the payment confirmation.
4.5 La Vie Divine guarantees timely completion (within the specified period) of the order and delivery to the shipping service. However, La Vie Divine is not responsible for the shipping time required to deliver your package.
4.6 For larger quantities (from 20 pieces) and/or orders where custom design applies, the delivery time depends on the delivery times of the material, the number of pieces to be produced and the approval of the custom design made. In these cases, the delivery time is examined individually with the customer.
5. Retention of title
5.1 The ownership of delivered products will only pass if you have paid all that you owe to La Vie Divine on the basis of any agreement. The risk with regard to the products is already transferred to you at the time of delivery.
5.2 When creating an embroidery pattern for your own print/logo, a one-off design fee must be paid. The detailed design can always be ordered afterwards at no extra cost. For the elaboration of a new design or for changes of more than 10% of the existing design, you pay a new design cost. Custom designs remain available at La Vie Divine for backorder without minimum purchase. However, the formatted design is never passed on to the customer as a digital file.
5.3 (Paid) custom designs are never made available to third parties by La Vie Divine.
6. Copyright on printing designs, disclaimer of liability
6.1 If the customer provides his own design, or otherwise influences the product, the customer gives an assurance vis-à-vis La Vie Divine that the print is not subject to any rights of third parties. In that case, any infringements will be entirely at the expense of the customer.
6.2 The customer shall indemnify La Vie Divine against any claims and claims based on infringement of such third-party rights. The customer will reimburse La Vie Divine for all resulting costs for defense and other damage.
7. Complaints and liability
7.1 You have the obligation to examine upon delivery whether the products comply with the agreement. If this is not the case, you must notify La Vie Divine in writing and with reasons as soon as possible and in any case within three (3) days after delivery, at least after observation was reasonably possible.
7.2 If it is demonstrated that the products do not comply with the agreement, in the case of materials purchased from La Vie Divine, La Vie Divine has the choice to replace the relevant products with new products or a voucher or money return.
In the case of embroidery on material supplied by the customer, this is always at the customer’s own risk. Under no circumstances will compensation be given to the customer to reimburse the item supplied by the customer.
7.3 Insofar as the liability of La Vie Divine may have been excluded or limited in these general terms and conditions of sale and delivery, this also applies to the personal liability for compensation of the owner, employees, representatives and assistants of La Vie Divine
8. Electronic communications and evidence
8.1 La Vie Divine is not liable for misunderstanding, delays or improper transmission of data and messages as a result of the use of the Internet or any other means of communication in the traffic between the Customer and La Vie Divine (or third parties engaged by the Customer), unless and insofar as there may be intent or gross negligence on the part of La Vie Divine.
8.2 The administration of La Vie Divine counts as complete proof of the existence, content and execution of the agreement with the Customer in any legal proceedings, up to the contrary by the party, who invokes the fact that the evidence is not reliable.
9. Force majeure
9.1 Without prejudice to the other rights vested in it, in the event of force majeure, La Vie Divine has the right, at its own discretion, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, by informing you in writing and this without La Vie Divine being obliged to pay any compensation, unless this would be unacceptable in the circumstances by standards of reasonableness and fairness.
9.2 Force majeure is understood to mean any shortcoming that cannot be attributed to La Vie Divine, because it is not due to its fault and is not at its expense under the law, legal act or generally accepted views.
9.3 By force majeure we also mean the late delivery and delay at the shipping service. If a product arrives too late, we cannot do anything about it. We can only help you with a complaint to the shipping service.
10. Miscellaneous
10.1 If one or more of the provisions of these Terms and Conditions or any other agreement with La Vie Divine should conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legally permissible comparable provision to be determined by La Vie Divine.
10.2 La Vie Divine is authorized to use third parties in the execution of your order(s).
10.3 Products may wear and tear over time, you are aware of and agree to this. The customer is also responsible for the correct use and maintenance of the relevant item. Damage resulting from incorrect use, force majeure or incorrect maintenance will not be reimbursed, yet replaced by La Vie Divine.
10.4 With regard to payments, if you do not pay on time, your claim will be handed over to the collection agency.
11. Applicable law and competent court
11.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Belgian law.
11.2 All disputes between the parties will be submitted exclusively to the competent court in Belgium.
12. Exchange and return
12.1 The buyer has the right to cancel the purchase, without payment of a fine and without giving any reason within 14 calendar days from the day following the delivery of the product.
Buyers who wish to make use of this option can make their declaration of dissolution known in writing or by e-mail within 14 working days after receipt of the product. You will then be contacted by us to make further arrangements on how the product should be returned.
12.2 No later than 7 days after dissolution of the agreement, the product must be returned to La Vie Divine undamaged and in new condition in its original packaging, with all accessories, if any, in accordance with the instructions of La Vie Divine. The full invoice amount will be refunded to the buyer by La Vie Divine within 10 days of receipt of the return shipment, if the conditions for the correct return are met. The cost for a return shipment is borne by the customer. A free return shipment is not accepted under any circumstances.
12.3 Under no circumstances can La Vie Divine be held responsible for damage or loss during transport, carried out by third parties.
12.4 ATTENTION The Right of Withdrawal expressly does not apply to:
– products that have been created in accordance with the buyer’s specifications / customization; personalized products
13. Privacy
13.1 The customer has the choice to create a customer account via the La Vie Divine webshop so that address details do not have to be entered again and again, points can be saved and an overview of previous orders in the customer account can be consulted. In this customer account, the customer has the possibility to consult and change his specified data at any time. Deletion of data can always be done without giving a reason by contacting La Vie Divine.
13.2 When ordering as a guest, only the necessary information for completing your order will be requested. Both in the physical store and the webshop, contact details of customers who do not wish to register are only used for the processing of that specific order and not for commercial purposes.
13.3 Creating an account state never means automatically subscribing to newsletters or subscriptions. Explicit permission is always requested for this or is specifically done via a registration box on the website.
13.4 Information provided with an order will be kept for as long as accounting is necessary. General customer accounts can always be deleted at the request of the customer.
13.5 Data will never be disclosed or passed on to third parties.
14. Additional conditions upon delivery of items to be personalized by the customer
14.1 Personalizing delivered items is always entirely at the customer’s own risk. Under no circumstances can a fee be requested from La Vie Divine in case of damage to the self-supplied item; neither as a result of machine failure nor due to human error.
14.2 Items must be delivered new or washed. In the case of blankets and accessories for animals, ONLY new & unused items are accepted.
14.3 For items that are individually packaged and must be unpacked by us and/or repackaged individually, an additional cost per item will be charged for this.
14.4 La Vie Divine is free to refuse items if proper personalisation cannot be guaranteed.
