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CONTACT:

LUBAY

Soho Francotte
35 rue de Sedan

5555 Baillamont
Belgium

soho@lubay.be

VAT: BE0533992522

 

 

Section 1.

- Scope -

 

1. These general conditions (hereinafter: GTC) govern all contracts, supplies and other services concluded between the customer and LUBAY, via the website  www.lubay.be . These T&Cs govern any sale of products made on the site. 

 

2. The GCS are concluded between, on the one hand, LUBAY Soho Francotte, 35 rue de Sedan, 5555 Bièvre, registered with the Banque Carrefour des Entreprises de Belgique under number 0533992522 (VAT BE 0533992522), hereinafter referred to as the " LUBAY" and, on the other hand, the person placing an order, hereinafter referred to as the "customer". LUBAY and the customer are hereinafter jointly referred to as the "parties".  

3. Any order assumes prior consultation and express acceptance of the GCS by the customer, without this acceptance being conditioned by a handwritten signature on the part of the customer. In accordance with the provisions of the law of July 9, 2001 laying down certain rules relating to the legal framework for electronic signatures, the validation of the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and constitutes proof. of the completeness of the order and of the payment of the sums due in execution of the order.

4. Unless otherwise specified in writing by LUBAY to the customer, the customer's own terms and conditions will not be accepted.
 

5. The customer declares to have full legal capacity.

Section 2.

- Conclusion of the contract -

1. LUBAY will confirm the customer's order by e-mail. A contract is only created when the payment has been successfully made.

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

2. The items offered for sale are those which appear on the site, with a description of their essential characteristics, on the day and at the time of consultation of the site by the customer, and within the limits of available stocks. LUBAY implements all reasonable means to display the availability of products/services in real time on the site, but cannot be held responsible if a product is no longer available to honor the order. In case of unavailability of one of the products/services ordered, the customer will be informed, and will have the possibility, either to modify his order, or to cancel it, in which case he will be refunded the amount of his order if he has already paid for it.

3. Order processes which, for whatever reason, have been technically or otherwise disrupted, interrupted before the execution of the payment instructions and this even if the customer has received an order confirmation, will cancel the order which will therefore not be in principle not delivered. LUBAY will however endeavor to contact the customer to complete payment instructions so that delivery can be made.

Section 3.

- Prices and fees -

 

1.   The price of each product is displayed on the site in euros and includes VAT. This price is valid in the countries for which delivery is possible, and does not include preparation and delivery costs, also payable by the buyer, nor the deduction of any discount or voucher granted to the Buyer. LUBAY reserves the right to modify its prices at any time, but the articles will be invoiced on the basis of the purchase price in force at the time of the order.

2. The prices listed in the online shop are exclusive of postage and administration costs.

3. LUBAY is not bound by the terms of its offer in the event of a printing, composition or programming defect on its website.

4. When ordering, the customer agrees to pay, in addition to the purchase price of the products/services ordered, the preparation and delivery costs (hereinafter the "costs"). These costs vary according to the type and quantity of products/services ordered, and the delivery method chosen, and include VAT. The customer can consult the amount of these costs on the site by consulting his "Basket", where a calculation of the total amount corresponding to the purchase price of the items and the costs is displayed. LUBAY reserves the right to modify the amount of the costs at any time, but the costs will be invoiced on the basis of the rates in force at the time of the order. These costs remain due and will not be reimbursed if the buyer returns all or part of the order under his right of withdrawal.

5. The articles are only delivered in the countries for which the site authorizes the delivery. Any incorrect delivery address is the buyer's responsibility and may result in additional charges. The delivery times indicated are not binding but are given for information only. No delay in delivery may give rise to the payment of damages to the benefit of the buyer. LUBAY has the right to make partial deliveries. In the event of non-delivery of the goods, any sums paid by the buyer will be reimbursed without interest or compensation.

Section 4.
 

- Execution of orders -

1. LUBAY works with the utmost care in processing item orders.

2. The articles are delivered to the address indicated by the customer to LUBAY.

3. LUBAY makes every effort to dispatch the order within two working days (excluding weekends and Belgian public holidays) following receipt of payment from the customer.

4. The delivery time indicated on the online store is only approximate and does not give rise to any right to compensation if the actual delivery takes longer.

4. LUBAY, as indicated on the online store, tries to ship the ordered items within two working days (excluding weekends and Belgian public holidays) following receipt of payment from the customer. But it is sometimes possible that it will take longer: for a delivery in Belgium, LUBAY will make every effort to ensure that the order is dispatched to the delivery address within thirty working days following validation of the order and receipt of the payment. The deliverer will present himself at this address between 8 am and 6 pm, on working days, and will deliver the package(s) to the recipient or to any other person present at the address indicated. In case of absence, a notice will be left at the delivery address. It will then be up to the customer to contact the delivery person to agree either on a new delivery date to the same address, or on a new delivery date at a new address, or on collection at the nearest post office. . If this is not done within 15 days from the date of the notice left by the deliverer or if the customer is absent during the new delivery, the order will be automatically returned to LUBAY who will contact the buyer to schedule a new delivery of the order. In this case, additional delivery costs may be charged to the customer.

 

5. For delivery outside of Belgium, LUBAY tries to dispatch the items within two working days (excluding weekends and Belgian public holidays) following receipt of payment from the customer. But it is sometimes possible that it will take longer: LUBAY will make every effort to ensure that the order is delivered within 45 days for the European Union and 60 days for countries outside the European Union, following the validation of the command. The terms of delivery will be specific to the postal services of the country concerned.

6. The order is delivered to the address indicated by the customer. In order to avoid any problem when sending an order, when registering on the site http://www.lubay.be, the customer is responsible for ensuring the accuracy and completeness of the mandatory data it provides.

7. If the customer has designated the deliverer, the transfer of risk to the customer takes place when the products ordered are made available to the deliverer. The proof of this provision will be materialized by the control system used by the deliverer.

8. LUBAY reserves the right to refuse or cancel any order or any delivery in the event of an existing dispute with the customer, total or partial non-payment of a previous order, refusal to authorize payment by credit card of banking institutions or for any other valid reason. In this case, the responsibility of LUBAY could not, in any case, be engaged.


Section 5.

- Customs, Duties and Taxes -

1. The customer is responsible for ensuring that the product can be legally imported into the country of destination. When ordering from LUBAY, the recipient is the importer of record and must comply with all laws and regulations of the country of destination. Orders shipped to countries outside the European Union may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to these import taxes, customs duties and fees, which are collected once a shipment reaches their country. Additional customs clearance costs are the responsibility of the recipient; LUBAY has no control over these charges and cannot predict what they may be.

2. It may be a good idea for the customer to contact their local customs office to find out the current charges before ordering, so as not to be surprised by the charges they did not expect.

Section 6.

- Right of return and exchange of items -

1. The customer has a period of fourteen (14) calendar days, from the day after the day of delivery, to cancel his purchase, without penalty and without giving reasons, in accordance with the Belgian economic law code. This has the effect of canceling the purchase of this item and the customer will be refunded the amount already paid to LUBAY for said item. Please note that LUBAY does not refund shipping costs for returned items.

Within this period, the customer must notify LUBAY of his intention to make use of his right of withdrawal, as follows:

 

- Send an email to soho@lubay.be
- Notify name and first name of the customer
- Give a detailed description of the item(s) concerned, with the full name of the item and the date of the invoice issued.

2. No refunds will be made for items returned to LUBAY after the said fourteen day period.

3. Returns to LUBAY will be made to the address mentioned on the package, unless otherwise instructed by the customer, who must retain proof of shipment. The return address will also be re-communicated to the customer by email.

4. In the event of reimbursement of the returned items, LUBAY will credit the bank account used by the customer for the payment of the said products with an amount equivalent to the purchase price of these, less the amount of the purchase vouchers or discounts intervened when ordering if they have been applied. Reimbursement by LUBAY will be made according to the terms agreed with the bank issuing the card.

5. Items must imperatively be returned properly protected, in their original packaging, in perfect condition for resale, accompanied by any accessories, labels, etc. Otherwise, they cannot be taken back or exchanged. 

6. Made-to-measure or personalized items cannot be returned or exchanged under any circumstances.

7. If the customer wishes an exchange instead of a refund, he specifies it in the notification e-mail and LUBAY will communicate to him, in addition to the availability of the article, the supplement to be paid or the partial refund if necessary .

8. Items that are returned but cannot be accepted back by the seller are held at the disposal of the customer at LUBAY. The buyer remains liable to pay the price. In the event of abnormal or abusive returns, the seller reserves the right to refuse a subsequent order.


Section 7.

- Delivery error -
 

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

 

Section 8.

- Complaints -
 

1. If a customer wishes to exchange or return an item, he must send an email to soho@lubay.be and
- Notify name and first name of the customer
- Give a detailed description of the item(s) concerned, with the full name of the item and the date of the invoice issued.

2. Other questions, comments or complaints concerning an order, payment or delivery must be sent in writing to the following e-mail address: soho@lubay.be

3. The e-mail message must contain
- The customer's first and last name
- Give a detailed description of the item(s) concerned, with the full name of the item and the date of the invoice issued.

Section 9.

- Legal capacity -
 

1. The customer declares to have full legal capacity.

 

Section 10.

- Payment -

1. Customer can pay by debit card, credit card, PayPal, iDeal and Bancontact.

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

Section 11

 

- Protection of privacy with regard to personal customer data - 

1. LUBAY collects personal data concerning customers, which are communicated to it on the site or by e-mail. He undertakes not to disclose this data to third parties. These are confidential. They will only be used by its internal services for order processing, with the aim of strengthening and personalizing communication, in particular by information letters/e-mails, as well as in the context of the personalization of the site according to observed preferences of buyers, or for monitoring solvency. 

 

2. LUBAY therefore does not sell, market or rent information concerning its customers to third parties. In the event of transfer or use by third parties of personal data, LUBAY undertakes to inform the customer beforehand and to allow him to exercise his right of opposition. LUBAY may also provide statistics relating to its customers, sales, trading patterns and site information to third parties, but these statistics will not contain any personal data. This article cannot, however, prevent the sale or transfer of activities to a third party.

 

3. LUBAY retains personal data only for the period necessary to achieve the specific purposes for which the processing is carried out. To determine the appropriate duration, account is taken of the quantity, nature and sensitivity of the personal data, the purposes for which they are processed and the possibility of achieving these purposes by other means. Account is also taken of the need to comply with its legal and regulatory obligations. When the data is no longer necessary, it is destroyed.

 

4. Provided that the legal conditions are met, the customer has the right: 

 

• to request information in order to know if LUBAY has personal information and, if so, what this information is and for what purposes it is processed;

• to access their personal data and, if necessary, to rectify them;

• to obtain the erasure of this data or the limitation of its processing, which allows;

• to lodge a complaint with the Data Protection Authority.

 

The customer can exercise the rights mentioned above by means of a dated and signed request accompanied, for security reasons, by a copy of his identity card. The request can be sent to the seller by post to the address Soho Francotte, 35 rue de Sedan, 5555 Bièvre and by e-mail to the address soho@lubay.be. If the request is manifestly unfounded, access may be refused and a reasonable fee may be charged.


Section 12

- Disclaimer - 

LUBAY only contracts obligations of means, for all stages of access to the site, from ordering, to delivery or subsequent services. LUBAY cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or any event that may be qualified as force majeure. In any event, LUBAY's liability under the terms of the T&Cs may not exceed a sum equal to the sums paid or payable during the transaction giving rise to said liability.

 

 

Section 13

 

- Guarantee of conformity -

 

The articles benefit from the legal guarantee of conformity, provided for by articles 1649bis to 1649octies of the Civil Code, and the legal guarantee against hidden defects, provided for by articles 1641 to 1649 of the Civil Code. The customer has, among other things, the right to obtain from LUBAY the free repair or replacement of products presenting a lack of conformity within two years of their delivery, provided that the request is submitted within two months. from the discovery of the defect. If a defect appears within the first six months, LUBAY is a priori held responsible. However, he can exonerate himself by proving that the defect is due to improper use on the part of the customer. If a defect appears afterwards, LUBAY may ask the customer to prove that it is a lack of conformity which existed at the time of delivery of the goods.

If you observe a quality defect, do not hesitate to contact us as soon as possible at soho@lubay.be, explaining the defect observed to us briefly and attaching one or more photos illustrating the defect in question. We take care of your return and will return it to you as soon as possible in good condition.

Please note that we are not responsible for your misuse of the item, such as prohibited or too strong machine washing, excessive weight put into the bags, etc. See 15/ MAINTENANCE OF ARTICLES


Section 14.

- Applicable law, competent courts, settlement of complaints and disputes -

1. LUBAY always hopes for 100% customer satisfaction. If you have any complaints about our services, do not hesitate to contact us via soho@lubay.be. We will do everything in our power to process your complaint within 7 days.

2. The T&Cs are subject to Belgian law. Belgian law applies to the exclusion of any other national law to all our contracts with our customers, regardless of their place of residence. In the event of a dispute, an amicable solution will be sought before any legal action. In the absence of an amicable settlement, the courts of the judicial district of Dinant will be competent. If for reasons of international law another law applies, reference will always be made to the Belgian law on commercial practices and consumer protection when interpreting these general conditions of sale.


Item 15. 

- Care of items -

All Lubay creations are sewn meticulously by hand. As these are not mass-produced items, we advise you to take the utmost care with them:

 

- Do not overload your bag or pocket.

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- Never let your bag or pouch dry in direct sunlight or on a radiator.

 

- Never use a hair dryer or dryer to dry your Lubay item.

 

- Gently clean your bag or pouch with a slightly damp cloth and let the item air dry afterwards.

 

CORK - raw materials made in Portugal

How to take care of a cork piece?

It is forbidden to bleach cork, dry clean it, iron it, machine clean it, dry it in the dryer, on a radiator, with a hair dryer or in direct sunlight. Any stains should be cleaned with a soft cloth moistened with a little warm water and mild natural soap by gently rubbing the area. Then pass a soft cloth dampened without soap, then a soft dry cloth and let dry naturally in the open air in a dry place. It is advisable to apply a very light quantity of specific colorless natural vegetable wax in order to nourish and protect it (on a clean surface and then leaving to dry for 24 hours). Like any piece of individually handcrafted leather goods, this item should be treated with care, it should not be rubbed on rough surfaces or overloaded.

Is cork waterproof?

Cork is perfectly impermeable, it does not allow liquid or gas to pass through.

What are the cork certifications?

The cork we have chosen is REACH and PETA certified.

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GRAPE SKIN - raw materials made in Italy

How to take care of a Grape Skin piece?

Our supplier, the manufacturer of the raw material Grape Skin - VEGEA® advises to apply a veil of eco waterproofing without oil or grease, once a year in order to protect it from stains.

In the event of a stain, maintenance is very simple: use a soft cloth soaked in water, wring it out well and then pass it gently over the stained surface and then dab with a soft dry cloth if necessary. And There you go!

Can only be cleaned with water and mild natural PH neutral soap if needed. Never use bleach, alcohol or an abrasive sponge. Never bleach, dry clean, iron, machine clean, tumble dry, on a heater or in direct sunlight. Always leave to dry in a dry place, in the open air and away from direct sunlight.

What are the Grape Skin certifications?

Grape skin is REACH, GRS and PETA certified - APPROVED VEGAN.

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Section 16.
 

- Intellectual property -

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The content of the site, including the underlying technology, may be protected by copyright, trademark law or another intellectual property right. LUBAY authorizes the customer to place a simple link on his own site directing him to the site www.lubay.be. On the other hand, any hypertext link referring to the site and using the technique of framing or in-line or deep linking is prohibited. In all cases, any link must be removed at the request of LUBAY.

 

Section 17.

- Contact with LUBAY -
 

The customer has the possibility of contacting LUBAY by means of the contact form available in the "Contact" section or by means of the e-mail address soho@lubay.be

Section 18.
 

- Nullity and completeness -

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If one or more stipulations of the T&Cs are invalid, the other stipulations will retain their full force and scope.

 

Item 18. 

- Evidence -

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The computerized registers, kept in the computer systems of LUBAY and its partners, will be considered as proof of the communications, orders and payments made between the parties. The parties accept in the context of their relations the principle of electronic proof (for example: e-mail, backups, etc.).

 

Section 19.

- Changes -

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LUBAY reserves the right to modify the T&Cs and will communicate the new version to the customer via the site.