General terms and conditions

online sales – GTC – Lahaina

Art.1 – Purpose

The purpose of the present general conditions of sale is to define, exclusively because of the relations they establish on the Internet network, the rights and obligations of the parties arising from the online sale of the products offered on the site. The seller, hereinafter referred to as : Lahaina, a brand of SACE ASBL (Avenue Général Michel,1E boite 18, 6000 Charleroi, Belgium ) VAT number: BE 0472 101 473 and the user (buyer).

The present terms and conditions apply to online sales in all territories (excluding French overseas departments and territories), to the exclusion of any other document, whether the buyer is a professional or a consumer.

The acquisition of a good or a service through the present site implies an acceptance without reserve by the buyer of the present conditions of sale.

The sale must be concluded in French or in English and the buyer must understand the language of the site to be able to buy.

This contract is the only one between “Lahaina” and the user. In the event of a breach of any of the terms and conditions of this agreement, the breach shall be governed by the Belgian law in force in the online sales sector.

The user (whether a legal entity or a natural person) wishing to order or register on the site, must have full legal capacity. All persons not having the capacity in accordance with articles 1123 and … of the Belgian Civil Code, can not make a purchase on it.

Ces conditions ne sont destinées qu’aux utilisateurs.

Art. 2 – Produits/Prix

  1. Produits : les produits proposés à la vente par le vendeur sont ceux qui figurent sur le site, au jour de la consultation par l’utilisateur, dans la limite des stocks disponibles.

Each product is accompanied by a description prepared by the supplier.

The pictures in the catalogue are as accurate as possible but cannot ensure a perfect similarity with the product offered, particularly with regard to colours.  These products and services are offered within the limits of available stocks.  If, despite its efforts, all or part of the articles are unavailable, the seller informs the buyer by email as soon as possible and offers him the possibility of choosing between waiting or cancelling the order of the unavailable articles without charge.  The available articles will be delivered normally.

  1. Prices: prices are indicated in Euros and are valid in all countries of the Euro zone. They take into account any discounts and VAT applicable on the day of the order.  The prices applicable to the order are those in force at the time of confirmation of the order.
  2. The shipping costs will be in EUR but will vary depending on the destination and the weight of the packages.

Art. 3 – Registration and validation of the order

The buyer, who wishes to buy a product or a service must

– fill in the identification form on which he/she will indicate all the requested details or give his/her customer number if he/she has one;

– fill in the online order form giving all the references of the products or services chosen;

– validate the order after having checked it;

– make the payment in accordance with the conditions provided;

– confirm the order and payment.

Confirmation of the order implies acceptance of these terms and conditions of sale, recognition of having perfect knowledge of them and renunciation of the right to invoke one’s own terms and conditions of purchase or other conditions.

All the data provided and the recorded confirmation will be considered as proof of the transaction.  The confirmation will be worth signature and acceptance of the operations carried out.

The seller will communicate by e-mail confirmation of the order recorded.

Art. 4 – Delivery

For all available items, the delivery time depends on the PRINTFUL organization.

The products ordered by the buyer will be delivered to the address indicated on the buyer’s order form, which can only be in the agreed geographical area.  The goods are transported at the seller’s risk until the goods are delivered to the delivery address specified by the buyer.  From that moment onwards, the buyer bears the sole risk.  Delivery times are given as an indication only; if they exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed.

If there is a problem with the delivery (missing or defective item), this must be reported to us within 48 hours by e-mail or by telephone using the details in the contact section.

Art. 5 – Right of withdrawal

“The consumer shall have the right to notify the undertaking that he renounces the purchase, without penalty and without giving any reason, within fourteen calendar days from the day of delivery of the goods or conclusion of the service contract.”

The consumer has a period of fourteen calendar days to return the product(s) ordered at his own expense, without penalty and without giving any reason. This period starts on the day after the delivery of the order.  In the case of goods that are delivered in successive shipments, the withdrawal period shall begin on the day following the day of the first delivery. The product must not be opened or damaged and the seal must remain intact.

This withdrawal must be made by e-mail and the item returned by registered mail, at the expense of the buyer, to avoid any loss or damage to the items.

This right of withdrawal does not apply to the professional buyer.

If the above-mentioned conditions are met, the buyer will be reimbursed, within thirty days of receiving the item, for any sums paid in payment.

The buyer does not have a right of withdrawal for contracts for the supply of goods made to the buyer’s specifications or clearly personalised or which, due to their nature, cannot be returned or are likely to deteriorate or expire quickly, nor in the case of the supply of audio or video recordings or computer software unsealed by the buyer, nor in the case of the supply of newspapers, periodicals and magazines.

The 5 exceptions where the consumer cannot exercise the right of withdrawal according to the law and depending on the items we sell:

  1. the supply of goods or services, the price of which depends on fluctuations in the financial market beyond the company’s control and which may occur during the withdrawal period;
  2. the supply of goods made to the consumer’s specifications or clearly personalised;
  3. the supply of goods that are likely to deteriorate or expire rapidly;
  4. the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery;
  5. the supply of goods which, after delivery, are by their nature inseparably mixed with other items;

Article 6 – Paiement

4 types of payment:

– Credit card or bank card
– Paypal
– Apple Pay
– Google Pay

Transaction procedures on the site are carried out with the secure payment service provider PayPal and Stripe. (registration not required and optional) They allow payment by Visa, Mastercard, Apple Pay, Google Pay, Bancontact, …

This service guarantees that sensitive data is transmitted and stored according to the highest security standards. The items ordered remain our exclusive property until the buyer has paid in full.

Art. 7 – Liability

Lahaina has only an obligation of means throughout the process of accessing the site, ordering and delivery. Lahaina cannot be held responsible and declines all responsibility in the event of computer problems, intrusion into the network or even computer hacking.

Any problems with delivery (long delays by the carrier, ….) will in no way be the responsibility of Lahaina but of the buyer.

Lahaina is not responsible for the misuse of an object or product that may cause material or physical damage.

Most of our articles benefit from a legal guarantee from the manufacturer and this is different depending on the article.

Lahaina is not responsible for any loss of turnover, loss of business or any damage caused to a third party. The maximum liability will be the amount of the order shipped in the case of a failure or error that is caused by the great care taken in the completion of the order.

Any problems resulting from a defective device must be returned at the buyer’s expense to our service department together with the invoice documents. The guarantee granted by the manufacturer shall apply except in the case of use that may be harmful to the item or misuse of the item. If an item has a problem upon receipt, it must be reported within 7 days of the day of receipt of the item by e-mail.

Art. 8 – Protection of privacy with regard to the processing of personal data.

The personal information collected in the context of distance selling is mandatory, as this information is necessary for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential. Failure to provide this information will result in automatic rejection of the order.  In accordance with the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data, the purchaser may at any time have access to this data and request its rectification by sending a letter or an e-mail accompanied by a photocopy of both sides of his or her identity card, as well as the right to object if you no longer wish to be informed about our activities. Further information on the protection of privacy with regard to the processing of personal data can be obtained from the Commission de la Protection de la Vie Privée, rue Haute 139 B, 1000 Brussels Belgium.

Lahaina reserves the right to collect data on the user, in particular when the user places an order or through the use of cookies. All personal data is intended for the internal use of Lahaina.

Art.9 – Intellectual property

All elements of the seller’s site are and remain the exclusive intellectual property of the seller.

No one is authorised to reproduce, exploit, rebroadcast or use in any way whatsoever, even partially, the elements of the site, whether they be software, visual or sound.

Any simple link or hypertext link is strictly forbidden without the express prior written consent of the seller.

Art.10 – Miscellaneous

  1. Force Majeure: the seller shall not be liable for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event constituting force majeure, in particular the presence of computer viruses, in the event of disruption or total or partial strike, in particular of the postal services and means of transport and/or communications, flooding, fire, etc.

Events meeting the criteria laid down by case law will be considered as force majeure.

  1. Partial invalidity: If one or more clauses of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, all other clauses shall remain valid.
  2. Entirety of the contract: these general terms and conditions of sale and the order summary sent to the buyer form a contractual whole and constitute the entire contractual relationship between the parties. In the event of contradiction between these documents, the general conditions of sale shall prevail.
  3. Applicable law – Competent courts: these general conditions of sale and the contractual relationship between the seller and the buyer are subject to Belgian law. In the event of a dispute, only the courts of the judicial district of the seller’s registered office shall have jurisdiction, except in the case of binding public order provisions.

Any order of a product offered on the site implies the consultation and express acceptance of these general conditions of sale.

SEPARATE STANDARD WITHDRAWAL FORM TO FACILITATE THE RIGHT OF WITHDRAWAL

Right of withdrawal

The consumer has the right to withdraw from this contract without giving any reason within fourteen calendar days.

If the consumer does not receive this form, the withdrawal period starts from the moment the consumer receives the complete information, but in any case expires after one year and fourteen calendar days.

If the consumer does not receive all the required information, the withdrawal period shall start from the moment the consumer receives the complete information, but shall in any case expire after three months and fourteen calendar days.

In order to exercise the right of withdrawal, the consumer shall notify the trader of his decision to withdraw in the name and address indicated below using a “durable medium” (e.g. written letter sent by post, e-mail).  The consumer may, if he so wishes, use this form.

If the consumer exercises the right of withdrawal, he/she is not required to pay any costs.

In addition to the right of withdrawal, national contract laws may provide for rights for the consumer, e.g. the right to withdraw from the contract if certain information has not been provided.

Prohibition of advance payments

During the withdrawal period any advance payments by the consumer are prohibited.  This prohibition concerns any remuneration, including in particular payment, the provision of guarantees, the reservation of money on accounts and explicit acknowledgements of debt.

It applies not only to payments made to a trader, but also to payments made to third parties.

Notification of withdrawal

A ………………………………………………………………………………………………………………………………………………………………

(name and address of professional)(*)

I/we (**) the undersigned hereby notify my/our (**) withdrawal from the contract :

Contract concluded on (*)………………………………………………

Name of consumer(s)(**)……………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………………………………………………………..

Address(es) of consumer(s) (***) …………………………………………………………………………………………………..

……………………………………………………………………………………………………………………………………………………………………..

Signature of consumer(s) (only if this form is notified in writing) (***)

Date (***)

(*) Field to be completed by the trader before giving the form to the consumer.

(**) Delete where not applicable.

(***) Field to be completed by the consumer(s) when this form is used for the purpose of withdrawing from the contract.

Acknowledgement of receipt of information :

Signature of consumer :