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GENERAL TERMS AND CONDITIONS OF SALE

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CONTACT

LUBAY

Soho Francotte

35 rue de Sedan

5555 Baillamont

Belgium

Email: soho@lubay.be

VAT: BE0533992522

 

 

 

Article 1 - SCOPE

1.1 Scope of Application

These general terms and conditions (hereinafter: GTC) govern all contracts, supplies, and other services concluded between the customer and LUBAY, via the website www.lubay.be. These GTC govern all product sales made on the site.

1.2 Contracting Parties

The GTC are concluded between:

  • LUBAY: Soho Francotte, 35 rue de Sedan, 5555 Baillamont, registered with the Belgian Crossroads Bank for Enterprises under number 0533992522 (VAT BE 0533992522)

  • The customer: the person placing an order

1.3 Acceptance of Conditions

Any order implies the prior consultation and express acceptance of the GTC by the customer. The validation of the order form constitutes an electronic signature that has, between the parties, the same value as a handwritten signature.

1.4 Legal Capacity

The customer declares to have full legal capacity.

1.5 Customer's Conditions

Unless LUBAY provides written notice to the customer to the contrary, the customer's own general terms and conditions will not be accepted.

 

 

 

Article 2 - CONCLUSION OF THE CONTRACT

2.1 Order Confirmation

LUBAY will confirm the customer's order by email. A contract is created only when the payment has been successfully completed.

2.2 Right of Refusal

LUBAY is entitled to refuse or impose specific conditions on a supply, subject to justification. If LUBAY is unable to clearly establish the permanent or temporary address of the customer, an order cannot be accepted.

2.3 Product Availability

The items offered for sale are those listed on the site, with a description of their essential characteristics, within the limits of available stock. In case a product ordered is unavailable, the customer will be informed and will have the option to modify or cancel their order.

2.4 Technical Disruptions

Order processes that are technically disrupted or interrupted before the payment instructions are executed will void the order, even if the customer has received a confirmation.

 

 

 

Article 3 - PRICES AND FEES

3.1 Product Prices

The price of each product is displayed in euros. LUBAY benefits from the VAT exemption scheme (annual turnover under €25,000), so prices are exclusive of VAT. This price is valid in the countries where delivery is possible and does not include delivery fees.

3.2 Delivery Fees

Delivery fees vary depending on the destination:

  • Belgium:

    • Bpost 24h Standard: €7.74

    • Free delivery for all orders from €230 purchase

    • Workshop pickup: free (by appointment)

  • Neighboring countries (Germany, France excluding overseas territories, Luxembourg, Netherlands):

    • Bpost Standard: €16.50

    • Free delivery for all orders from €330 purchase

  • Rest of the European Union: €34.60

  • Rest of Europe: €34.60

  • Mediterranean Basin + North America: €51.10

  • Rest of the world: €69.20

The rates are regularly updated and can be viewed on our "Deliveries and Returns" page.

3.3 Price Modification

LUBAY reserves the right to change its prices at any time, but items will be invoiced based on the price in effect at the time of the order.

3.4 Display Errors

LUBAY is not bound by the terms of its offer in case of printing, composition, or programming errors on its website.

3.5 Delivery Fees in Case of Return

Delivery fees are not refunded in case the right of withdrawal is exercised. Return shipping costs are entirely the responsibility of the customer.

 

 

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Article 4 - ORDER FULFILLMENT

4.1 Product Types

4.1.1 Products in Stock

For products available in stock, LUBAY strives to ship the order within a few business days (excluding weekends and Belgian public holidays) following receipt of payment.

4.1.2 Pre-order Products

Some products are made on demand (pre-order). These products are clearly identified on the site with a specific mention.

  • Pre-order Timelines:

    • Production time: approximately 3 to 5 weeks before shipping

    • This period may vary (sometimes a little more, sometimes a little less) depending on the season and workload.

  • This system allows LUBAY to manage its raw material quantities optimally.

  • Pre-order Tracking:

    • The customer will receive an email from LUBAY when production begins.

    • The customer will receive an email from bpost when the item is shipped.

    • It is recommended to check the "junk" folder of your email inbox.

4.2 Maximum Delivery Times

4.2.1 Delivery Times

  • If your item is in stock, it is shipped as quickly as possible.

  • For pre-orders, the crafting times are indicated when ordering and are added to the shipping times mentioned above.

  • Delivery methods depend on the postal services of the destination country.

4.2.2 Legal Guarantee Period

  • In accordance with the Code of Economic Law (Belgium), the maximum delivery time guaranteed by Lubay is set at:

  • Belgium: maximum 30 working days.

  • Neighbouring countries: maximum 45 working days.

  • Rest of the world: maximum 60 working days for countries outside the European Union.

4.3 Delivery Methods

Items are delivered to the address indicated by the customer.

  • In Belgium: The delivery person will arrive between 8 a.m. and 6 p.m. on business days. In case of absence, a notice will be left. The customer has 15 days to arrange a new delivery, otherwise the order will be returned to LUBAY with possible invoicing of additional fees.

  • Internationally: Delivery methods depend on the postal services of the country concerned.

4.4 Customer's Responsibility

The customer must check their order upon arrival and make any claims within 48 hours by email to soho@lubay.be (subject "Delivery Claim") with supporting photos.

4.5 Transfer of Risks

If the customer has designated the delivery person, the transfer of risks occurs at the moment the products are made available to the delivery person.

4.6 Order Refusal

LUBAY reserves the right to refuse or cancel any order in case of an existing dispute with the customer, non-payment of a previous order, refusal of payment authorization, or for any other valid reason.

 

 

 

Article 5 - CUSTOMS, DUTIES, AND TAXES

5.1 Customer's Responsibility

The customer is responsible for ensuring that the product can be legally imported into the destination country. When ordering from LUBAY, the recipient is the official importer and must comply with all laws and regulations of the destination country.

5.2 Shipments Outside the European Union

Orders shipped to countries outside the European Union may be subject to:

  • Import taxes

  • Customs duties

  • Customs clearance fees

These additional costs are entirely the responsibility of the recipient. LUBAY has no control over these fees and cannot predict their amount.

5.3 Prior Information

The customer is advised to contact their local customs office to find out the applicable fees before ordering, to avoid unexpected costs.

 

 

 

Article 6 - RIGHT OF RETURN AND EXCHANGE

6.1 Right of Withdrawal Period

The customer has a period of fourteen (14) calendar days, starting from the day after the delivery, to cancel their purchase, without penalty and without stating reasons, in accordance with the Belgian Code of Economic Law.

6.2 Notification of Withdrawal

Within this period, the customer must notify LUBAY of their intention to exercise their right of withdrawal:

  • Send an email to soho@lubay.be

  • Notify the customer's first and last name

  • Provide a detailed description of the item(s) concerned, with the full name of the item and the invoice date.

6.3 Return Conditions

  • The return is made to the address mentioned on the package (re-communicated by email).

  • Items must be returned in their original packaging, in perfect resalable condition.

  • All accessories, tags, etc. must be included.

  • The costs and risks of return are entirely the responsibility of the customer.

6.4 Exclusions

  • Custom-made or personalized items cannot be returned or exchanged.

  • Items that have been used, damaged, or from which the tags have been removed cannot be returned.

6.5 Refund

LUBAY will credit the bank account used for payment with an amount equivalent to the purchase price, less any vouchers or discounts applied. Delivery fees are not refunded.

6.6 Exchange

If the customer wishes to exchange, they should specify this in the email. LUBAY will communicate the availability of the item and any supplement to be paid or partial refund, if applicable.

 

 

 

Article 7 - DELIVERY ERROR

If LUBAY delivers an item different from the one ordered, or if the item is damaged or defective, the customer must inform LUBAY as soon as possible by email. LUBAY will refund the purchase price plus shipping costs.

 

 

 

Article 8 - COMPLAINTS AND CLAIMS

8.1 Complaint Procedure

For any exchange, return, or complaint, the customer must send an email to soho@lubay.be specifying:

  • The customer's first and last name

  • A detailed description of the item(s) concerned

  • The full name of the item and the invoice date

8.2 Processing Time

LUBAY commits to processing any complaint within 7 days of its receipt.

 

 

 

Article 9 - PAYMENT

9.1 Accepted Payment Methods

The customer can pay by: debit card, credit card, PayPal, iDEAL, Bancontact, Apple Pay, Google Pay.

9.2 Payment Instructions

All payments must be made in accordance with the instructions given on the online store pages.

 

 

 

Article 10 - PRIVACY PROTECTION

10.1 Data Collection

LUBAY collects personal data concerning customers. This data is confidential and will not be disclosed to third parties, except in case of business transfer after prior information to the customer.

10.2 Use of Data

The data is used solely for:

  • Order processing

  • Improving and personalizing communication

  • Monitoring solvency

10.3 Retention Period

LUBAY retains the data only for the period necessary for the purposes of the processing, in accordance with legal obligations.

10.4 Customer Rights

The customer may request access, rectification, deletion, or limitation of the processing of their data. Requests should be addressed to soho@lubay.be with a copy of the ID.

 

 

 

Article 11 - LIABILITY

LUBAY only has obligations of means. Its liability cannot be engaged for inconveniences related to the use of the Internet (service disruption, external intrusion, computer viruses, force majeure). In any event, LUBAY's liability cannot exceed the amounts paid during the transaction that gave rise to said liability.

 

 

 

Article 12 - WARRANTY OF CONFORMITY

12.1 Legal Guarantees

The items benefit from the legal warranty of conformity and the legal warranty against hidden defects provided for by the Civil Code.

12.2 Deadlines and Procedures

The customer has the right to obtain free repair or replacement of products showing a lack of conformity within two years from their delivery. The request must be submitted within two months of the discovery of the defect.

12.3 Contact in Case of Defect

In case of a quality defect, contact soho@lubay.be explaining the observed defect and attaching illustrative photos.

 

 

 

Article 13 - CARE OF ITEMS

13.1 General Advice

All LUBAY creations are meticulously hand-sewn. It is important to take the greatest care of them:

  • Do not overload bags or pouches.

  • Never dry directly in the sun or on a radiator.

  • Never use a hairdryer or tumble dryer.

  • Clean gently with a slightly damp cloth.

13.2 Care of Cork (raw material made in Portugal)

  • Prohibitions: bleaching, dry cleaning, ironing, machine washing, drying in a tumble dryer/on a radiator/with a hairdryer/in direct sunlight.

  • Cleaning: soft cloth moistened with warm water and natural mild soap, rinse with a damp cloth without soap, dry with a dry cloth, let it air dry naturally in a dry place.

  • Protection: apply a very light amount of specific natural, colorless vegetable wax (let it dry for 24 hours).

  • Properties: Cork is perfectly waterproof. Certifications: REACH and PETA.

13.3 Care of Grape Skin (raw material made in Italy)

  • Protection: apply a thin layer of oil- and grease-free eco-waterproofer once a year.

  • Cleaning: soft cloth soaked in water, well-wrung out, gently wipe over the surface and dab with a dry cloth. Use only water and natural mild soap with a neutral pH if necessary.

  • Prohibitions: bleach, alcohol, abrasive sponge, bleaching, dry cleaning, ironing, machine washing, drying in a tumble dryer/on a radiator/in direct sunlight.

  • Certifications: REACH, GRS, and PETA-APPROVED VEGAN.

 

 

 

Article 14 - INTELLECTUAL PROPERTY

The content of the site is protected by copyright, trademark law, and other intellectual property rights. LUBAY only authorizes simple links that refer directly to the www.lubay.be website. Framing, in-line, or deep linking techniques are prohibited.

 

 

 

Article 15 - APPLICABLE LAW AND COMPETENT COURTS

15.1 Amicable Resolution

LUBAY strives to satisfy its customers 100%. In case of a complaint, contact soho@lubay.be. Any complaint will be processed within 7 days.

15.2 Applicable Law

The GTC are subject to Belgian law. In case of a dispute, an amicable solution will be sought before any legal action. Failing that, the courts of the judicial district of Dinant will be competent.

 

 

 

Article 16 - CONTACT

The customer can contact LUBAY via the contact form available in the "Contact" section or by email: soho@lubay.be

 

 

 

Article 17 - GENERAL PROVISIONS

17.1 Nullity

If one or more provisions of the GTC were to be invalid, the other provisions would retain their full force and effect.

17.2 Proof

The computerized records kept in LUBAY's computer systems will be considered proof of communications, orders, and payments between the parties.

17.3 Modifications

LUBAY reserves the right to modify the GTC and will communicate the new version via the site.

 

 

 

SECURE PAYMENT METHODS:

BANCONTACT, MAESTRO, PAYPAL, VISA, MASTERCARD, IDEAL, APPLE PAY, GOOGLE PAY

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