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Article 1. Preamble.

These terms and conditions are agreed by, on the one hand, LANAFORM registered at the Banque Carrefour des Entreprises de Belgique, number BE 430.525.392 with head office at SPRIMONT, hereinafter referred to by its trading name "LANAFORM S.A." and, on the other, anybody who wants to purchase something on the LANAFORM S.A. website (accessible via http://www.birkenstock.be) hereinafter referred to as "the user".

1.1 Identification

Company name: LANAFORM S.A.
Registered at the Belgium BCE, number: BE 430.525.392
Trading name: LANAFORM S.A.
Registered trademark.
Website: http://www.birkenstock.be
Email: info@lanaform.com

The purchaser is defined below as the company or person who signs and accepts these terms and conditions. The general terms and conditions apply exclusively to any sales secured by LANAFORM S.A., either by itself or by its representatives.

1.2 General

These general terms and conditions may be modified at any time without notice by the seller, in which case the modifications will apply to all previous sales.

The parties agree that their relationship will be exclusively governed by this contract, to the exclusion of any other condition previously available on the site.

If any condition is not present, it will be assumed that current practices in the distance selling industry for the region in which the companies have their offices in Belgium will apply.

If one or more of these terms and conditions does not apply, neither party can assume that it is released from these terms and conditions.

The purpose of these terms and conditions is to define the terms for sales between the seller and the user, for orders of services or products, including payment and delivery.

They govern every stage from placing the order and follow this order through between the parties entering into their contractual agreements.

Any user of the site who does not have a customer number will have to register to receive his/her customer number.

The details given in the catalogues, price lists, websites, notes etc. are for information purposes only and may therefore be changed by the seller without notice.

In all cases, the final submission of the order implies that the latter has been fully accepted, and at the price given, by the user.

Proposals are valid for the option period of one week from the date of the offer, unless otherwise specified in the offer.

This submission implies the signature and explicit acceptance of all the transactions completed on the site.

Article 2. Terminology.

The services offered by LANAFORM S.A. on its website will hereinafter be referred to as “LANAFORM S.A. services”. Anybody wanting to use the services of LANAFORM S.A. who has satisfied the general terms and conditions will hereinafter be referred to as a “CUSTOMER”. Any company that has commissioned LANAFORM S.A. to sell a product that it owns on its website will be referred to as a “supplier”. Any order confirmed by a customer according to the terms and conditions will hereinafter be referred to as “the order”.

Article 3. Submitting personal information.

Any individual or entity looking at the website http://www.birkenstock.be that registers as a potential contracting party with LANAFORM S.A. submits certain personal information to LANAFORM S.A. by registering.

Registration implies explicit consent for the information to be used in LANAFORM S.A.’s data file. Only individuals or entities with full legal capacity can register.

During registration, the individual or entity is given a username and chooses a password which is approved by LANAFORM S.A. and this information is confirmed in an email summarising the registration sent by LANAFORM S.A. to the customer.
The customer is responsible for the confidentiality, security and actual use of the username and password.

Whenever the username and password of a particular customer are used, it is assumed that they have been used by this customer.
LANAFORM S.A. can temporarily or permanently suspend the username and password if it seems that the customer has misunderstood one or more of these terms and conditions.

“LANAFORM S.A.”(info@lanaform.com) is responsible for handling the customer’s personal information.
The personal information in LANAFORM S.A.’s data file is used for customer management, managing orders, deliveries, invoicing tangible and intangible services, credit checking, advertising specific to user profiles, customised services and marketing.

Article 4. Privacy.

Principles for collecting personal information.

In principle, access to the information available on or via the site does not require the provision of personal information such as your name, address, email address etc.

In particular cases, to access additional services (request for information, booking, membership area, subscription to a newsletter etc.), it is possible that the user will need to provide personal information, essentially contact details. In these cases, the user will be informed of this in advance and the information will be handled in accordance with the provisions of directive 2002/58/EC concerning the processing of personal data.

In practice, this means that:

Your personal information can only be collected and processed for the purposes indicated when it is collected.

You have the right to access and correct this information at any time, as well as the right to object in order to make sure it is accurate and correct any errors. Please contact the customer service department to change your details.

Use of browser information for statistical purposes.

When you access the site, the servers consulted will automatically collect the following information:
• the IP address allocated when you go online;
• the date and time the site is accessed;
• the pages viewed;
• the browser used;
• the platform and/or operating system installed on the PC;
• the search engine as well as the keywords used to find the site.
This information is only stored to measure the number of visitors to different sections of the site and for the purpose of making improvements to it.

Use of cookies. To make it easier for you to navigate the site and to optimise the technical management of the site, LANAFORM S.A. might sometimes use "cookies".

A "cookie" is a small piece of information stored by a website in your computer’s web browser. This "cookie" might be recovered during subsequent visits to the same site. The "cookie" can only be read by the website that created it and not by any other site. The site uses "cookies" for administrative purposes, for example to record your preferences for certain types of information so you do not have to enter the same details again each time you visit our site.

Most "cookies" only work during the session or visit. None of them contains any information that can be used in such a way that you will be contacted by telephone, email or post.

You can also change the settings in your browser to tell you every time a "cookie" is created or to prevent them from being stored.

Article 5. Pricing terms.

All the information about the products, such as delivery charges and warranty, as well as prices, are included in the description datasheet for each product.

The sale price for each product shown on the LANAFORM S.A. website is given in Euros. This price includes VAT (when applicable) and all other costs (Recupel or similar) apart from delivery and any additional warranty.

The prices appearing on your order after it has been submitted and registered are fixed and final: if the prices go down a few days after the order, we can under no circumstances compensate you for the difference; if the prices increase, we undertake to deliver the product to you at the price on the order.

Sales excluding VAT and not subject to VAT are only possible when supporting documents are provided in advance.

The total delivery charges are calculated automatically for each order; they will appear on your order summary before the order is definitively placed.

The price paid by the purchaser, hereinafter referred to as the total price, is also clearly shown when the order itself is submitted.

Since 1/07/2001, in accordance with regional environmental policy agreements, whenever a new electrical or electronic item is purchased, a recycling contribution is collected for ASBL Recupel, the approved body responsible for recovering and recycling old electrical equipment. This charge ranges from 1 to 6 Euros depending on the product and is included in the price.
(see http://www.recupel.be)

If you have any questions about the pricing terms, just email info@lanaform.com.

Article 6. Deliveries: Charges and terms.

Delivery within Europe exclusively

6.1 Delivery times
Deliveries will be sent to the address you have given when you placed the order. LANAFORM S.A. undertakes to deliver to you within a maximum of 30 days following the day after the date on which you submitted your order.
All other delivery times are given for information purposes only; the times shown on the website are the average times usually achieved and correspond to the times needed for processing orders plus the dispatch time required by the postage companies.

6.2 Late deliveries
In the case of a later deliver, we recommend that you check your order status online before contacting us by looking at the postage company’s website and using the tracking number.

Please inform us if any delivery is a week later than the average delivery time given so that we can look into it with the postage company (the time taken for this ranges from between one and three weeks). If the product is found during this time, it will be resent to your home immediately.

If on the other hand the product is not found at the end of this time, the postage company treats the package as lost and we will send a replacement product at our expense. If the delivery time given is exceeded by 7 days, unless there is the case of force majeure, you can cancel your order and receive a refund; in that case you will need to send us a letter by registered post with delivery confirmation within 60 working days of the anticipated delivery date.

By explicit agreement, in a case of force majeure or events such as a lock-out, strike, total or partial suspension of work in the seller’s factory or on the supplier’s premises, epidemic, war, requisition, fire, flood, transport interruption or delay, legal or administrative measures preventing, restricting, delaying or prohibiting the production or importing of goods, the seller is released from all delivery responsibilities.

The seller will keep the purchaser informed in good time of any of the events or circumstances described above. In all circumstances, delivery within the delivery times is only possible if the purchaser is aware of his/her obligations to the seller, whatever the cause.

6.3 Standard delivery charges
- from 2 Kg = 5.7 Euros
- from 10 Kg = 7.7 Euros
- from 30 Kg = 9.7 Euros
- from 0.35 Kg = 6.4 Euros
- from 1 Kg = 9.6 Euros
- from 10 Kg = 13 Euros
- from 30 Kg = 26 Euros

6.4 Packaging and insurance
Your purchases are packaged with a great deal of care using protective materials.

The care that we take in our packaging means that we can make sure your items are delivered in the best possible conditions. The products dispatched are insured free of charge against damage and theft in transit.

You must therefore check your order and all items in it when you receive the package in the presence of the person delivering it and report any concerns where necessary.

If you have any doubts about the state or content of the order, you must reject the goods on receipt.

Any rejected product must be given back to the delivery person in its entirety and in its original packaging.
If you accept the item when it is delivered, this implies that you accept its content and state.

6.5 If you are out
If you are out when your item is delivered, a card will be put through your letterbox. The first time this happens, you can call a telephone number to arrange a new delivery time.

If you are out the second time, you have 7 calendar days to collect your parcel from your local post office. After 15 days, the parcel will be returned to the LANAFORM S.A. depot.

Article 7. Order terms.

Offers are valid as long as stocks are available. If a quote is provided, the offer will be valid for one week unless otherwise stipulated.

7.1 Product descriptions
The main details about the product are shown in the “product datasheet”, which generally includes a photo of the product and details about its specific features.

Photographs of the products to support the text are not contractually binding; LANAFORM S.A. will under no circumstances be held liable for any errors they might contain.

The detailed product datasheet provides the only contractual information.

Manufacturers may change the technical composition of products without notice.

LANAFORM S.A. is entitled to and improve its datasheets or withdraw its products and/or services at any time.

You can contact LANAFORM S.A. for additional information about its products via the CONTACT page on our website.

7.2 Product availability
You can check product availability on the website.

However, if the product ordered is not available, LANAFORM S.A. may replace it with a product of an equivalent quality and price; if this happens, you have the right to cancel the order and the costs for returning the item will be borne by us.

You retain the right to cancel the sale and request a refund (this will be paid within 7 days of receipt of the product or service).

For products not kept in warehouses, our offers are subject to our suppliers’ availability.

7.3 Import restrictions
It is your responsibility to find out about any restrictions relating to importing or using the products and services you intend to order from your country’s local authorities.

You acknowledge that the products may contain technology and software that is subject to export control laws in the United States and the European Union as well as the laws of the country to which they are delivered and in which they are to be used.

You must respect these laws. The products cannot be sold, hired out or transferred to users or countries subject to restrictions, or who will use them for mass destruction or genocide.

You must refer to the regulations in force, which vary according to the product.

7.4 Stages involved in the contract
For the first order placed online, new customers must create a “Customer Account”; a login name and a password will be required.

Each time you submit an order, you will be taken to your account via a secure connection where you can see the content of your order.

Your order will only be definitively registered when certain information has been entered and it is confirmed. When you confirm the order by selecting a payment method, the sale is deemed to have been agreed (the item and the price).

Your order is confirmed by an email generated automatically by our website and sent to the email address given when you created your customer account.

Any contractual information will be confirmed by the time the item is delivered. LANAFORM S.A. reserves the right to cancel or refuse any order from a customer with whom it has previously had a dispute about a payment for another order.

7.5 Cancelling an order
An order placed on our website is automatically cancelled if payment is not received.

To cancel an order, pleased contact us by email or telephone, giving the invoice reference appearing on the order as well as the order number.

Once the order is prepared, it can only be cancelled if you refuse the package sent by LANAFORM S.A. WITHOUT OPENING IT.

Businesses should know that they cannot unilaterally cancel an order unless LANAFORM S.A. agrees, and that orders placed directly by the purchaser or transmitted by representatives of the seller are only binding to the seller when they are accepted in writing.

Article 8. Payment terms.

To process orders as quickly as possible and offer the best possible service, LANAFORM S.A. requests that customers pay the purchase price when they place the order.

If the order is cancelled, LANAFORM S.A. will refund the amount paid by the client without any compensation. The cost of returning the package is borne by the customer.

The purchase price is deemed to have been paid when the total price of the order has arrived in LANAFORM S.A.’s bank account;

Article 9. Cooling-off period.

Consumers have the right to inform the seller that they want to cancel the purchase, without any penalties or reason, within 7 working days following the day after the date on which the product is delivered or the service contract is agreed.

A reminder of our delivery terms! Your purchases are packaged with a great deal of care using protective materials. The care that we take in our packaging means that we can make sure your items are delivered in the best possible conditions.
The products dispatched are insured free of charge against damage and theft in transit. You must therefore check your order and all items in it when you receive the package in the presence of the person delivering it and report any concerns where necessary.

LANAFORM S.A. will only follow up an order cancelled by the purchaser if the original packaging of the product is intact, more specifically if the seal and the product itself have not been used or damaged.

The purchaser must inform LANAFORM S.A. by email (info@lanaform.com). In this case, and if the purchaser has respected the deadline given in the paragraph above, a returns reference number will be allocated. If a package is returned and LANAFORM S.A. has been informed by email within the times specified above, the cost of returning the package will be borne by the customer. The customer will be asked to protect the returned items as carefully as possible.

To make it easier for you to return an item, LANAFORM S.A. can refund your money by bank transfer. To make the most of this convenient, safe and fast service, just provide your bank account details on the dispatch form that is sent with the returned items. We will make the payment as soon as possible (within 30 days) once LANAFORM S.A. is aware of the customer’s desire to cancel the order and after the products have been returned to LANAFORM S.A.. The cost involved in returning the package will not be refunded.

If this returns service is abused, LANAFORM S.A. reserves the right to refuse any further orders.
If you have any questions about the cooling-off period terms, just email info@lanaform.com 

Article 10. Warranties and after-sales.

Most of the items we sell are covered by a statutory warranty covering conformity and hidden defects and a manufacturer’s warranty, the scope and period of which depend on the product and brand.

If an order is changed, the postage costs for the item or items will be borne by the customer. However, if the statutory warranty covering conformity applies to the returned product or products, all the costs associated with this return will be refunded to the customer.

Whatever problem you have with your item, you must include the faulty device and its packaging, a copy of the invoice, the warranty form (in the box) and the returns slip.

Please remember that the warranty does not apply to repairs for damage caused by external factors or an action by the customer which, for example, results from incorrect use or installation that does not comply with the manufacturer’s specifications, from use that could damage the product, from commercial or collective use or from use of inappropriate accessories etc.

With this in mind, we recommend that you read the instructions provided with the products carefully.
If products do not comply with the information given about the products on the website or with hidden defects, they will be replaced or refunded depending on the availability of similar products and the customer’s preferences. Items covered by a warranty will only be accepted if accompanied by a delivery note. If the product cannot be replaced because it is out of stock, you will receive a gift voucher for the value of the purchase price, which can be redeemed at the LANAFORM S.A. store.

Products that have been modified, repaired, integrated or added by the client or anybody else not authorised by the Supplier are also excluded. The warranty will not apply to obvious defects and any conformity defects for which any complaint must be submitted by the customer within 7 days of delivery of the products, failing which this right will be forfeited. The warranty does not cover products damaged when used incorrectly.

Under no circumstances will LANAFORM S.A. be held responsible if the manufacturer refuses to apply its warranty for the reasons given above.
To facilitate the after-sales service for certain products, LANAFORM S.A. will put customers in touch with the nearest service point to their home.
Returns must be authorised in advance by LANAFORM S.A. who will allocate a returns number. The customer must request this by emailing info@lanaform.com, after agreement in writing from LANAFORM S.A.

Article 11. Liability.

LANAFORM, trading as LANAFORM S.A., is only bound by an obligation of due care for all stages involved in access to the website, handling the order, delivery and after-care services.

LANAFORM S.A. will not be held liable for any inconvenience or damage inherent to using the Internet, such as an interruption to service, external intrusion or the presence of viruses, or for any event defined as force majeure, as stipulated by law.

LANAFORM S.A. will not be held liable for damages of any kind, whether tangible, intangible or physical, which might result from the incorrect functioning or incorrect use of the products it advertises. The same goes for any modifications to the products implemented by the suppliers. LANAFORM S.A.’s liability will, in all cases, be limited to the total value of the order. LANAFORM S.A. will not be held liable for simple errors or omissions that might have occurred even if every care was taken when presenting the products.

LANAFORM S.A. will not be held liable, by a customer or a third party, for any indirect damage, operating loss, loss of profit or turnover, suffered in any way whatsoever.
Without prejudice to the paragraphs above, LANAFORM S.A.’s liability according to these general terms and conditions cannot exceed an amount equal to the amounts paid or payable during the transaction at the origin of this liability, whatever the reason for it, and whatever the form of action may be.

LANAFORM S.A. will not be held liable for any inaccuracies in the contract agreed to if stocks run out or the product is not available, in the case of force majeure, disruption or total or partial strike, particularly involving postal services and means of transport and/or communication, flood or fire.

LANAFORM S.A. undertakes not to disclose the information provided by customers on the site to third parties. This information is confidential. It will only be used by internal departments to process your order and to improve and personalise communication, either in information letters / emails or in the context of personalising the site according to users’ preferences. LANAFORM S.A. may supply consolidated statistics about its customers, its sales, exchange structures and about information on the site to trusted third parties, but these statistics will not contain any personal information.

LANAFORM S.A. does not sell, market or rent out information about its customers to third parties.

Article 12. Copyright.

Legal information – Terms and conditions for using the site

Use of the site is subject to respect for the general terms and conditions described above. By accessing this site, you confirm that you are aware of and have unreservedly accepted these terms and conditions.

Quality of the information and service, limitation of liability.

Where there are hyperlinks on the LANAFORM S.A. website that take users to other sites, LANAFORM S.A. cannot be held responsible for the content of these sites. Customers will comply with their usage terms.

Intellectual property rights

The text, layout, illustrations and other elements of the site are protected by copyright or, for databases, by a specific right. All of these elements are the property of LANAFORM S.A. or, where appropriate, of a third party from whom LANAFORM S.A. has secured the necessary permission.
Unless otherwise specified, the information in the text or numbers appearing on the site can be used free of charge as long as the source is acknowledged, and as long as they are not used for commercial or advertising purposes. In contrast, the reproduction of this information for commercial purposes as well as the use and reproduction of other elements of the site, such as graphics, images, sounds or applications is strictly forbidden without prior authorisation. Any request for this should be submitted to LANAFORM S.A.’s management (http://www.birkenstock.be).

Creating hyperlinks to the site

LANAFORM S.A. allows the creation of surface links that point to the home page or to any other page without prior permission.
In contrast, the use of any techniques intended to include all or part of the site in a website by masking, even if only partially, the exact origins of the information or in such a way as to create confusion about the origins of the information, such as framing or in-lining, requires the written authorisation of LANAFORM S.A.. Any request for this should be submitted to LANAFORM S.A.’s management (info@lanaform.com).

Article 13. Entirety of this agreement.

If one of the clauses in this contract is null and void because of a change in legislation, regulations or legal ruling, this will no affect the validity of and respect for these general terms and conditions.

Article 14. Validity.

These terms and conditions apply as long as the services offered by LANAFORM S.A. appear online.

Article 15. Proof.

The electronic records stored in the IT systems of LANAFORM and its partners with a reasonable regard for security will be deemed to be proof of communication, orders and payments between the parties.

The terms and conditions detailed on this site apply exclusively to deliveries to Belgium and Luxembourg. Items sold by LANAFORM S.A. comply with the description and presentation of information in the catalogue. Despite all the precautions we take, errors may have slipped in to this catalogue. Under no circumstances will we be held responsible for these.

Article 16. Storing and archiving transactions.

Purchase orders and invoices are archived on a reliable, durable medium, so that they correspond to a reliable, durable copy.

Article 17. Applicable law and jurisdiction.

These terms and conditions are subject to Belgian law. If there is a dispute, the customer will first contact LANAFORM S.A. to try to arrive at an amicable solution. By default, only the courts within the legal district of Liège have jurisdiction, regardless of the delivery location and location of the payment method.