PROPERTY – COPYRIGHT & TRADEMARK
LAURA BLAGOGEE COUTURE is the owner of the web site LAURABLAGOGEE.COM and its contents. This includes, but is not limited to, the documentation, images, characters, design, music, software, codes and format scripts. The material included in the web site LAURABLAGOGEE.COM is protected by copyright.
Reproduction, modification, transmission, re-publication and/or re-distribution to third parties for commercial purposes are strictly prohibited without the express written consent from LAURA BLAGOGEE COUTURE.
LAURA BLAGOGEE COUTURE does not allow the use of the web site’s contents or the trademark for any other purpose than what is written above.
GENERAL TERMS AND CONDITIONS OF Laura Blagogee Couture
These general conditions are applicable to all Laura Blagogee Couture offers and supplies.
The following conditions apply to all sales offers and supplies. They are binding on both parties with the exclusion of other deviating conditions laid down by the buyer, unless the seller in writing accepts those conditions. The placing of any order by the buyer implies that the buyer is aware of these conditions and accepts them without reservation.
Dutch law shall govern all agreements concluded under the terms of these conditions. All disputes arising from such agreements shall be settled to the competent court in Haarlem. The applicability of these Vienna Sales Convention (CISG) is explicitly excluded.
All offers are without engagement unless otherwise agreed in writing.
Delivery and risks will transpire at the moment of transfer of the goods to a professional carrier, or, in the event that the goods are collected by the buyer of delivered by the seller, at the moment of receipt of the goods by the buyer or delivery to the buyer warehouse or store. Transport of the goods to the Dutch border will be for seller’s account. Outward customs clearance will be for the buyer’s account. When delivery shall be taken to be the last date to the agreed term of call/delivery.
Upon expiry of the (agreed) term of date of delivery term of 28 days automatically comes into effect. The terms and dates of delivery are always indicative and never binding.
The seller have the right to cancel the order, either wholly or partly, at his own discretion and without judicial intervention of the legal authorities, or to demand payment in advance for deliveries still to be made of:
he is unable to cover or cover sufficiently the credit risks ensuring from the said order(s) with an insurer of his own choice;
the financial position of the buyer deteriorates before the order(s) has/have been executed.
Claims are only valid if they are made in writing with a clear description of the complaint and are submitted to the seller by means of a return from within 2 weeks of receipt of the goods, and provided the goods are still in the state in which they were delivered. After the term of 14 days, mentioned in the previous sentence, had lapsed, the buyer shall not longer be entitled to suspend the obligation to pay or to offset debts in any way whatsoever.
Slight deviations in quality, colour, size, weight, finish, design, ect. Permissible in the trade and/or technically unavoidable shall constitute no reason for complaint.
In the event of justifiable claims, the seller had the choice of either crediting the goods or repairing or replacing them within 30 (in words: thirty) days after receipt of the returned goods.
If the goods are not supplied on time correctly, or if the rights of any third party are breached, the buyer may not claim damages unless the same are the consequence of a deliberate action or gross negligence on the part of the seller. Nor shall the buyer be entitled to suspend or offset any obligation to pay. The seller shall never be liable for any amount higher than the full amount paid out by the insurer to the seller in the situation in question.
Payment of the purchase price shall be effected in Haarlem, the Netherlands, to an account to be indicated by the seller.
Payments are always takes as settlement of the oldest due receivables.
In the event of payment through a bank, the date of payment shall be deemed to be the date the due amount is credited to the seller’s account. Of payment is made by cheque, the date of payment shall be the date on which the seller cashes the cheque.
The buyer who had not paid by the due date at the least shall be deemed to be in default vis-à-vis the seller without any notice of default being required.
Whenever the buyer fails to pay by the due date, default interest shall be charged at a rate of 1,5% of the principal sum due per month. In addition, the buyer shall also be liable to pay the extrajudicial collection costs amounting 15% of the principal sum increased by the default interest.
If the buyer fails to pay on time, the seller shall be entitled to demand cash payment in advance for all deliveries yet to be effected or to demand a guarantee that payment will be made on time. He shall also be entitled to cancel the contract, either wholly or partly, or to suspend further execution of the order until all due invoiced amounts have been settled.
All the goods supplied shall remain the property of the seller until all the invoices – including those not ye overdue – , interest and/or extrajudicial collection costs have been paid. So long as the seller retains a claim on the buyer, the seller shall be entitled to repossess the goods and the buyer shall not be to transfer the seller’s goods, in whatsoever from (as security), to third parties or to consign the goods to a third party, or to dispose of or encumber them. If such a situation arises, the seller shall be entitled to have unhindered access to the delivery. In respect of goods repossessed on the grounds of this article, the buyer shall be cooperate fully in respect of the repossession and shall bear all the costs involved in having the delivery returned to the seller.
Circumstances of force majeure which delay or prevent the delivery of the goods shall release the seller from his duty to make delivery on time and shall in no way be a reason to make the seller liable. By force majeure is understood, every circumstance beyond the seller’s control, such as, but not exclusively: war, riots, strikes, government measures, events of any kind that disrupt seller’s production, disruption in the normal supply of raw materials and ancillaries to the seller, and hold-ups in transport of the products by the means of transport chosen by the seller.
The buyer shall not infringe the intellectual property rights (such as, but not exclusively: trademarks rights, trade names, design rights, patents and copyrights) of Laura Blagogee Couture.