General Terms & Conditions
Any purchase of items on the e-commerce site www.larigaudiere.bio is subject to these General Terms and Conditions of Sale (hereinafter «GTC») which the Purchaser declares to accept without reservation. They have been in force since 01/12/2018.
These GTC have been drawn up by SPRL La Rigaudière, registered at the Banque Carrefour des Entreprises (ECB) under number 0690.885.963. and whose registered office is located at Chaussée de la Libération 45, 7910 Frasnes-lez-Anvaing.
These GTC form the contract between La Rigaudière and the Purchaser. La Rigaudière and the Purchaser are hereinafter commonly referred to as “the Parties“.
The “Purchaser“ is any legal or natural person who orders products from La Rigaudière in his own name or on behalf of others.
The “Consumer“ is any beneficiary, a natural person, who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.
These GTC are applicable in the context of the intervention of La Rigaudière and its staff for all services performed by La Rigaudière staff as well as the sale of products and the provision of all services ancillary to said sales and services.
ARTICLE 1 - PURPOSE AND SCOPE
These GTC are exclusively applicable, to the exclusion of any special agreement.
The Purchaser declares that he has read the GTCs so that by placing an order, he explicitly and unreservedly confirms his acceptance of the rights and obligations relating thereto.
These GTC are subject to change at any time without notice. La Rigaudière undertakes to notify the modification on its website. The GTCs are enforceable as from this notification.
ARTICLE 2 - PERSONAL DATA
ARTICLE 3 - OFFER AND ORDER
The Purchaser places his order on the website www.larigaudiere.bio following the procedure indicated to him. The automatic registration systems of www.larigaudiere.bio are considered as proof of the nature, content and date of the order.
The online order confirmation constitutes an electronic signature which has, between La Rigaudière and the Purchaser, the same legal value as a handwritten signature.
The sale will only be concluded once La Rigaudière has confirmed the order.
This confirmation includes:
- a summary of the order;
- the geographical address of La Rigaudière where the Purchaser can submit his claims.
La Rigaudière reserves the right not to confirm an order for any reason whatsoever. It is also possible, due to the specific nature of the supply of farm products, that some products ordered may not be delivered on time, even though the order has been confirmed. La Rigaudière will then inform the Purchaser at the time of delivery and will propose either an alternative product, a refund of the product, or a credit note on his next order.
In the event of cancellation of the order by the Purchaser after its acceptance by La Rigaudière, for any reason whatsoever, except in cases of «force majeure», a sum equivalent to 10% (ten percent) of the price will be acquired by La Rigaudière and invoiced to the Purchaser, as damages.
ARTICLE 4 - PRICE
The prices indicated in the offer are for the delivery of the products described therein only, to the exclusion of any other service. Only the price posted on the www.larigaudiere.bio website is binding between the parties.
All prices are indicated in euros, including VAT.
Any increase in VAT or any new tax that may be imposed between the time of the order and the time of delivery of the goods will be charged to the customer.
ARTICLE 5 - PAYMENT
The payment must be made in cash, by bank transfer or via our online payment interface for the day of delivery.
Any complaint relating to the payment must be sent in writing and by registered mail to the address of the head office of La Rigaudière, five calendar days after its receipt. Failing this, the Purchaser may no longer dispute the statement.
Any delay in payment will be subject to a first reminder, which will automatically lead to an increase of EUR 5 (five euros) on the main amount. The reminder may be sent by email, SMS or regular mail.
If within fifteen days of sending the first reminder the payment has not been made, a second reminder will be sent, by email or by ordinary mail, which will result in an increase of 10 EUR (ten euros) compared to the initial amount.
If within fifteen days of sending the second reminder the payment has still not been made, a third reminder will be sent by registered mail, which will result in an increase of 15 EUR (fifteen euros) compared to the initial statement.
Interests shall begin to accrue from the date on which the third reminder is sent.
Finally, if payment has not yet been made within fifteen days of the third reminder being sent, a notification by bailiff's writ will be sent to the defaulting Purchaser. These bailiff's fees will be charged to the Purchaser. A fixed compensation equal to 10% (ten percent) of the price of the main statement will be due from the date of receipt of the exploit.
La Rigaudière is entitled to suspend its service as long as the Purchaser is in default of payment.
ARTICLE 6 - CONFORMITY
The pictures illustrating the products in the online catalogue are non contractual and can be modified at any time. La Rigaudière cannot be held responsible for an non conform picture.
ARTICLE 7 - TIME LIMITS
Unless otherwise agreed in writing and expressly accepted by La Rigaudière, the delivery times mentioned in the special conditions are not strict deadlines. La Rigaudière may only be held liable if the delay is significant and if it is attributable to it because of its gross negligence.
The Purchaser may not invoke delivery times to request termination of the contract, claim damages or any other claim, unless otherwise stipulated in writing and expressly accepted by La Rigaudière.
In the event of a delay exceeding the thirty working days, the Purchaser must send a formal notice by registered mail to La Rigaudière, which may then benefit from half of the prescribed time to deliver the products.
ARTICLE 8 - RIGHT OF TERMINATION
8.1. Termination by the beneficiary
The Purchaser who wishes to cancel his order must inform La Rigaudière.
Without prejudice to the right of withdrawal referred to in Article 9, and with the exception of a case of force majeure, any advance payment made to La Rigaudière shall not be refunded. In addition, La Rigaudière may claim a termination indemnity of a maximum amount equal to 30% (thirty percent) of the price of the products and/or services ordered by the Purchaser.
8.2. Termination by La Rigaudière
La Rigaudière reserves the right to unilaterally terminate the contract, without having to prove the Purchaser's fault, in return for a fair additional compensation, except in cases of force majeure.
In the event of insolvency or unpaid debts on the part of the Purchaser, La Rigaudière reserves the right to suspend its obligations until the Purchaser has paid in full, without any obligation to compensate.
ARTICLE 9 - RIGHT OF WITHDRAWAL
When the Purchaser is a consumer within the meaning of Art. I.1, 2° of the Code of Economic Law and that he concludes a distance contract with La Rigaudière, he has the right to notify La Rigaudière that he renounces the purchase, without penalty and without giving any reason, within 14 (fourteen) calendar days.
During the withdrawal period, the consumer will take the greatest care of the products and their packaging. Packaging may not be opened or damaged. If the consumer wishes to exercise his right of withdrawal, he will return the products in their original condition and packaging to the following address: La Rigaudière SPRL, Chaussée de la libération 45, 7910 Frasnes-lez-Anvaing.
This period of 14 (fourteen) days runs:
- for products, from the day after the day of delivery to the consumer;
- for services, from the day after the day on which he receives confirmation of his order.
The consumer who renounces the purchase must notify La Rigaudière customer service in writing, before the expiry of the 14 (fourteen) day period, via the e-mail address email@example.com, and simultaneously return the products delivered in their original packaging and in good condition. The consumer only bears the direct costs incurred by returning the products.
The consumer may not exercise his right of withdrawal for the following products:
- “Goods likely to deteriorate or expire quickly”
You will find attached a model withdrawal form: Withdrawal form.pdf
ARTICLE 10 - GUARANTEES
10.1 Legal guarantees
In accordance with article 1649quater of the Belgian Civil Code, the Purchaser, in his capacity of consumer, has a two-year legal guarantee for any lack of conformity which existed at the time of delivery of the product and which appeared within two years of delivery.
This warranty includes the repair or replacement of defective products, at no cost to the consumer.
However, if this repair or replacement proves impossible, disproportionate for La Rigaudière or would cause serious inconvenience for the consumer, an appropriate reduction or refund may be offered to the beneficiary.
The Purchaser must inform La Rigaudière of the existence of a lack of conformity, in writing, within a maximum period of two months from the day on which he notices the lack of conformity, failing which his right of complaint shall be forfeited.
The warranty period starts from the date of the online order of the products made by the Purchaser. This date is available on the Purchaser's customer account on the website www.larigaudiere.bio.
10.2. Guarantee concerning the provided service
La Rigaudière undertakes to perform its services in a prudent and diligent manner.
The Purchaser has a guarantee that the services provided are in conformity with the services initially requested. In the event of an anomaly detected during this period, La Rigaudière will correct it free of charge and as soon as possible, only if the anomalies detected have been duly reported to La Rigaudière.
The guarantee of conformity expressly excludes services requested following an unauthorised intervention and/or modification, a handling error or a non-conforming use by the beneficiary, or following an anomaly caused by an intervention by the Purchaser or a third party.
ARTICLE 11 - LIABILITY
La Rigaudière's contractual liability is only engaged because of its fraud, gross negligence or that of these employees or agents, as well as, except in cases of force majeure, because of any failure to perform an obligation being a main service of the contract.
In the event that the Purchaser proves fraud or gross negligence on the part of La Rigaudière, the latter's liability shall not extend beyond:
- or the reimbursement of the costs of material damage proven by the Purchaser and resulting directly from the fault attributed to La Rigaudière and may not, in any event, exceed 100% of the amount actually paid by the Purchaser during the execution of the order;
- or the replacement of goods with the exclusion of direct or indirect compensation.
ARTICLE 12 - FORCE MAJEURE
In the event of force majeure or fortuitous circumstances making it impossible for La Rigaudière to perform the contract, no Party may be held liable for the total or partial non-performance of its obligations. The obligations of both Parties shall also be suspended until notification of the end of the event.
The Party that has been affected by such events shall inform the other Party of the occurrence of such event. Both Parties shall make every effort to reduce the obstacle preventing the proper performance of the contract.
ARTICLE 13 - OTHER PROVISIONS
13.1. Divisibility of clauses
The possible illegality or invalidity of an article, paragraph or provision; or part of an article, paragraph or provision shall not affect the legality of the other articles, paragraphs or provisions of these general conditions.
The titles used in these GTC do not affect the meaning or scope of the provisions they designate. They are used for convenience only.
13.3. Publication and communication of the GTC
These General Terms and Conditions can be consulted at any time on the website www.larigaudiere.bio. Only the French version of these general terms and conditions is binding between the parties.
ARTICLE 14 - PRELEMINARY SEARCH FOR AN OUT OF COURT SOLUTION
In the event of a dispute between the Parties relating to the validity, interpretation or execution of these GTC, the Parties shall first attempt to resolve such dispute by seeking an amicable solution. Only if such a solution cannot be found, for whatever reason, may the Parties bring the dispute before the courts and tribunals, in accordance with Article 15.
ARTICLE 15 - APPLICABLE LAW AND COMPETENT JURISDICTION
Any dispute relating to the products delivered and/or services provided by La Rigaudière, as well as any dispute as to the validity, interpretation or execution of these GTC shall be subject to Belgian law and the exclusive jurisdiction of the courts of the judicial district of Brussels.