Terms & Conditions
1— General
The placing of an order implies full and unreserved acceptance of the
buyer to present general conditions of sale.
Any condition contrary by the purchaser to the seller will be
unenforceable, regardless of its form and whatever time it could have
been brought to his attention — the buyer ordering acknowledges
having read these terms General Sales and declares not to use any
material that could contravene them. No special requirements and
/ or derogatory may not, except formal written acceptance of the
seller, prevail against the general conditions of sale. LAENGSEL sells
handmade furniture, variations may occur from one item to another.
We reserve the right at any time to stop the marketing of a model and
without notice. Commercial products may also be subject to change.
2 - Price
The prices are per unit in Euro, net, excluding VAT, excluding shipping
charges. LAENGSEL reserves the right to revise its prices at any time,
depending on changes in their components, or in any event of force
majeure, and notify the customer as soon as possible.
3 - Financial settlement
All orders are payable in advance by bank transfer upon presentation
of the pro forma invoice. If the items are not in stock, estimated
delivery time will be mentioned in the proforma.
4 - Lead time
Lead time referred are indicative and not binding.
5 - Delivery
Delivery times are indicative and not binding. A delay in delivery
can in no case lead to cancellation of an order, nor to any delivery
and any damages. Whatever the mode of shipping the goods travel
at the risk of the purchaser. LAENGSEL reserves the right to make
partial deliveries, in which case the buyer cannot rely on waiting for
the balance of the order to defer payment. A copy of the receipt of
transportation must be addressed to LAENGSEL by mail along with a
photo, within 5 days after delivery.
6 - Shipping charges
Costs regarding shipping estimated and mentioned in LAENGSEL pro
forma invoices are defined according to specifications provided by the
buyer. Should there be, during transit and arriving on site, any change
upon indication received previously, seller and transporter reserve the
right to hold delivery and await settlement of extra costs involved prior
to final delivery.
7 - Claims and notice of defects
The customer shall, immediately after delivery and prior to use,
arrange a detailed inspection of the goods. The customer is advised
to document by photos the product packaging and its opening. In the
case of a product or package defect, the customer shall write a clear
note in English documenting the damage. All notices of defect shall
be made in writing and sent to LAENGSEL as soon as the customer
becomes aware of the defect and in any event not later than fourteen
(14) days after delivery. The customer shall notify LAENGSEL in writing
of any apparent defects that the customer could reasonably have
discovered during such inspection within eight (8) days from the date
of receipt of such products, and the customer shall notify LAENGSEL
in writing within five (5) days of the date on which the customer
shall first have become aware of any hidden defect which could not
reasonably have been discovered during the initial inspection of the
products.
If the customer fails to inform LAENGSEL in a timely manner of any
defects relating to the shipped products or the use, destruction or
modification by the customer of any product which the customer
knows to be defective without the prior written consent of LAENGSEL,
the customer shall be considered to have acknowledged and waived
all claims relating to such products.
8 - Returns
Defective products cannot be returned without LAENGSEL prior
consent in writing. Claims based on defective merchandise may
not give rise to replace them without any obligation on the part of
LAENGSEL. Conforming products shall not be returned.
9 - Ownership
LAENGSEL retains ownership of the goods sold or provided until full
payment of the price. Until full payment the customer shall not pledge,
to transmit to whether free or modify or alter the property.
10 – Force Majeure
LAENGSEL shall not be liable if the following force majeure events
prevent or delay performance of the agreement: war and mobilisation;
rebellion and civil disobedience; terrorism; natural disasters; strike
and lockout; shortage of goods; defective or delayed deliveries from
suppliers or if suppliers are otherwise affected by circumstances;
fire; lack of transportation; currency restrictions; import and export
restrictions; death, illness or absence of key employees; computer
virus or other circumstances beyond LAENGSEL direct control.
In such events, the affected party, LAENGSEL, shall be entitled to
delay the fulfillment of its duty until the obstacle ceases to exist
or, instead, to withdraw the agreement in whole or in part without
incurring liability, given that the obstacle results in more than six ( 6 )
months of postponement of performance.
11 - Using the brand LAENGSEL
LAENGSEL may authorize the purchaser to apply and mention the
name LAENGSEL, logo LAENGSEL and all trademarks and logos
owned by him, on his campaigns, obviously for its products exclusively,
and on any medium, approved in writing by LAENGSEL provided
crucial that the promotion and marketing are directly and exclusively
made by the buyer and not by a third party. The use of the mark
LAENGSEL logo or LAENGSEL is authorized only signing this contract,
without exception. This authorization of the trademark by the buyer
does not confer any right on the property of the trademark LAENGSEL
which is and remains the full property of the seller. The buyer shall,
for this purpose, ensure that information on branded products, which
have been the subject of a commercial communication, be sincere
and genuine in order not to undermine the image and LAENGSEL
reputation of the company. The purchaser shall verify the accuracy of
information disclosed on products and particularly with regard to their
consistencies, features, price and availability in stock. Any violation
of these provisions may result in suspension of trade agreements
between the parties.
12 - Promoting the products under LAENGSEL brand
LAENGSEL does not authorize, in any circumstance other than
specific information negotiation and previous settlement the buyers to
resell products in sales or promotion which might impact public prices
stabilities in the market.
13 - Intellectual Properties
To allow optimization of sales of furniture and other objects,
LAENGSEL may make available to the purchaser visual and technical
documents of its products. The provision of these visual documents
aims to enable the buyer to develop a communication and promotion
of quality, consistent products sold to the reputation of the brand
in its field of activity and business strategy of the brand. For this
purpose, the purchaser undertakes to use these visuals with the
express consent of LAENGSEL on communication media approved
by LAENGSEL. These pieces of furniture and other objects and their
visual representations are and remain the intellectual property of
the full company LAENGSEL. Any use by third parties to the contract
unless express permission is prohibited and a violation of that clause
can carry cessation of trade relations between the parties.
14 - Applicable Law
Agreement and orders between LAENGSEL and the customer shall be
subject to and construed under the European Union Laws irrespective
of the current international private law rules to the extent to which the
latter rules would result in governing law other than European Union
Laws. The present general conditions are governed by the European
Union Laws. Any disputes which may arise from or in connection with
the contract will be decided under the jurisdiction of the Commercial
Court of Portugal.