General terms and conditions of use and sale
1. Definitions
1.1. In these Terms of Use ("Terms of Use"), terms beginning with a capital letter have the following meaning:
(a) Content means any information, data, recommendations or services provided to the Customer on or through the Website
(b) Customer means each person or entity that accesses or uses the Website
(c) Customer Data means all information and data transmitted by the Customer to the Website
(d) LMDC (La Maison du Caoutchouc) means the La Maison du Caoutchouc entity that provides the Website in the Customer's country of residence, as indicated on the Website;
(e) Intellectual Property Rights means all intellectual property rights, including copyrights, patents, trade models, trademarks, service marks, design rights, database rights, rights to confidential information , know-how and all other intellectual or industrial property rights that exist or may exist in a later section of this document, in any region of the world
(f) Website means rubbercenter.com, as well as any other Website or domain which is made available by La Maison du Rubber to the Customer.
(g) Internet Tools means the selectors, configurators, calculators and similar applications on the Website.
(h) Reflection period: The period within which the consumer can make use of his right of withdrawal
(i) Right of withdrawal: possibility for the consumer to withdraw from the distance contract during the reflection period.
(d) Day: Calendar day
(k) Duration of the transaction: Distance contract relating to a series of goods and/or services, the obligation to supply and/or purchase of which is spread over time
2. General
2.1. The website is the property of
La Maison du Caoutchouc – Het Rubberhuis – The Rubbercenter SA:
Leuvensesteenweg 411
1930 Zaventem (Belgium)
+32 2 511 25 76
VAT: BE 0435.993.5212
2.2. The Website and its content are owned or managed by La Maison du Caoutchouc or its licensees. These Terms of Use apply to Customer's access to and use of the Website and its Content. If the Customer enters into any agreement or establishes any other legal relationship with La Maison du Caoutchouc regarding the sale of goods or services by La Maison du Caoutchouc, the latest version of the General Conditions of Sale will also apply.
2.3. La Maison du Caoutchouc reserves the right to modify these Terms of Use at any time. Modified Terms of Use will take effect upon posting of the Website but will not be retroactive. La Maison du Caoutchouc encourages the Customer to frequently re-read the Terms of Use in order to ensure that the Customer is aware of all the terms that govern the Website and its Content. If Customer does not agree to the amended Terms of Use, Customer shall cease accessing or using the Website. The continued use of the Website by the Customer confirms that he accepts the modified Terms of Use.
2.4. La Maison du Caoutchouc's Cookie Statement and Privacy Statement apply to the collection and processing of the Customer's personal data in the context of their use of the Website. The Website may contain links to external websites. La Maison du Caoutchouc is not responsible for the use or content of websites that redirect the user to the Website or to which this portal is linked. La Maison du Caoutchouc's Cookie Statement and Privacy Statement do not apply to the collection and processing of the Customer's personal data on or via such external third-party sites.
3. Registration and Account
3.1. The Customer needs an account to access and use certain areas or properties of the Website. The account will be created by La Maison du Caoutchouc or, if its functionality is available, by the Customer directly. If the Customer creates an account, he will not use an account name that contains a trademark without the authorization of the owner of the trademark, and La Maison du Caoutchouc reserves the right to claim account names on behalf of any company or individual who has brought any legal action, including with respect to trademark rights, in those names.
3.2. The Client will provide information relating to his Client Account that is accurate, current and complete, and, if necessary, will keep it current and promptly update it from time to time, and will further preserve the security of the identity data of his Customer account. The Customer will keep the confidential nature of the password(s) linked to his account.
3.3. The Customer is solely responsible among all other users who have access, via the Customer, to the Website, or who use the Website under the responsibility of the Customer, and for all activities that are carried out from his account. This implies, without limitation, that Customer is responsible for such users' compliance with and proper use of these Terms of Use, the security and confidentiality of any passwords, login codes and other identity data or instructions.
3.4 The Client agrees to immediately notify La Maison du Caoutchouc if he discovers or suspects any unauthorized access or use of his password(s) or account. La Maison du Caoutchouc may suspend the Customer's account or profile without prior notice if it discovers or suspects any prohibited use.
4. Content and Communications
4.1. The Content is intended to provide general information only, not advice. La Maison du Caoutchouc cannot be held liable for any damage resulting from access to or use of/or inability to use the Website or the/the Content, including damage caused by malware, viruses or any form of inaccuracy or incompleteness of the Content or the Website, unless such damage is the result of willful default or gross negligence on the part of La Maison du Caoutchouc.
4.2. La Maison du Caoutchouc may also not be held liable for damages resulting from the use of/or the inability to use electronic means of communication with the Website, including - but not exclusively - damages resulting any failure or delay in the transmission of electronic communications, the interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and the transmission of viruses.
4.3. The Web Tools are for the sole purpose of providing information. Content used or provided in connection with the Web Tools does not constitute advice and is not directed to specific circumstances or intended Customer use. Customer is responsible for verifying the accuracy of Content used or provided in connection with the Web Tools. La Maison du Caoutchouc cannot be held liable for any damage resulting from the use of the Web Tools or the Content used or provided in connection with the Web Tools, unless such damage is the result of a willful breach or gross negligence on the part of La Maison du Caoutchouc.
5. Data protection
5.1. Customer is responsible for the legitimacy, reliability, integrity, accuracy, and quality of Customer Data and the means by which Customer acquired Customer Data.
5.2. The Customer grants La Maison du Caoutchouc, its affiliates and its main subcontractors a non-exclusive and non-licensable international license to host, copy and display Customer Data for the purpose of making the Website or services available. correspondents, or for the commercial purposes of La Maison du Caoutchouc. The Customer shall indemnify La Maison du Caoutchouc and hold it harmless from any claims, penalties and costs and expenses of third parties relating thereto, caused by or relating to La Maison du Caoutchouc's use of such Customer Data in accordance with these Terms of Use and applicable law.
5.3 When ordering, personal data may be transferred. La Maison du Caoutchouc collects, records and processes information and personal data in accordance with all applicable laws and regulations. It fulfills its obligations as responsible and / or as processor of this data in accordance with the law of December 8, 1992 on the protection of privacy, the general regulation on data protection 2016/679 of April 27 2016 and other mandatory provisions. Personal data is processed in a legitimate, appropriate and transparent manner, for a specific and explicit purpose, in accordance with the privacy policy of La Maison du Caoutchouc, in particular for the performance of the contract with the consumer. Data processing is limited to what is necessary and the retention period of personal data is limited to the time necessary to achieve the purposes of the processing. La Maison du Caoutchouc's privacy policy and cookie policy can be viewed online.
5.4 La Maison du Caoutchouc takes the appropriate technical and organizational measures for the security of the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures through appropriate technical and organizational measures
6. Use of the Website
6.1. Access to and use of the Website are subject to usage restrictions specified in the Terms of Use or otherwise published by La Maison du Caoutchouc. The Customer shall not violate any law, contract, Intellectual Property Right or third party right by accessing or using the Website or its Content. Without limitation to the foregoing, the Customer:
(a) will not harass, threaten or intimidate, engage in abusive or tormenting behavior;
(b) will not gain or attempt to gain prohibited access to any system, server, (computer) network or computer equipment belonging to La Maison du Caoutchouc, other users or any other third party;
(c) will not use the Website in such a way that it compromises, disrupts, adversely affects or prevents other users from accessing and fully using the Website, or damages, disables, overburdens or impedes the operation of the Website in any way;
(d) will not use robots, spiders, (web) crawlers, scripts, browser extensions, offline readers or other automated means or interfaces prohibited by La Maison du Caoutchouc to access the Website, will not extract data and will not compromise or otherwise modify the presentation of the pages of the Website or their functionality;
(e) will not use the Website for any illegal or prohibited purpose, or engage in, encourage or promote any activity that violates these Terms of Use.
(f) will not collect or store personal information from users other than information collected during the normal course or use of the Website or its Content.
6.2. If the Customer does not comply with the Terms of Use or any reasonable instructions given by La Maison du Caoutchouc regarding the Customer's use of the Website, La Maison du Caoutchouc may, in its sole discretion and without obligation compensate the Client, prohibit the Client from any future access to the Website.
6.3. The Client may be held liable in cases where all users obtain access to the Website or the Content of the Website from the Client, or use the Website or its Content under the responsibility of the Client. This implies, without limitation, that the Customer is responsible for compliance with the Terms
of use, and the correct use they make of each password, login code and other identity data or instruction, whatever it is, as well as the security and character confidential to them. The Customer will notify La Maison du Caoutchouc as soon as possible if it discovers or otherwise suspects any prohibited access or use, or any breach of security related to the Website or the Customer Account.
7. Intellectual property
7.1. All intellectual property rights of the Website or related to the Website or its Content remain vested in La Maison du Caoutchouc or its licensors.
7.2. La Maison du Caoutchouc grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable license to access and use the Website or its Content for the Customer's internal business purposes and in accordance with these Terms of Use. Unless La Maison du Caoutchouc has given express authorization in writing, the Customer will not reproduce, store, resell or sell works derived from, decompile, reverse engineer of and will not disassemble the Website or its Content (except for cases in which the Customer has the right to do so according to the provisions permitted by law on this point), will not create links, hyperlinks or links between the Website and any other website, and the Customer will furthermore not take any action to compromise or damage the Website or its Content.
7.3. Unless explicitly stated by La Maison du Caoutchouc, nothing in these Terms of Use shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of La Maison du Caoutchouc or any third party. The licenses granted in this context may be revoked by La Maison du Caoutchouc at any time.
8. Contracts and Agreement to Terms and Conditions
8.1. An order can be placed by store, by e-mail or via the website by following the steps indicated on the site. Each order implies acceptance of these general conditions of sale. The general conditions of sale can be saved in PDF
8.2 The agreement between La Maison du Caoutchouc and the consumer comes into being when the latter has accepted the general conditions of sale of La Maison du Caoutchouc and has complied with them. The absence of an ordinary signature does not affect the binding force of the offer and its acceptance. The acceptance of the general conditions of sale results from the placing of the order.
9. Offer on the website
9.1 The contents of the site and all other offers are developed with the utmost care. La Maison du Caoutchouc cannot, however, give any guarantee as to the information provided by third parties. Notwithstanding the foregoing, all the characteristics indicated on the website are indicative, so that La Maison du Caoutchouc cannot be held responsible for any inaccuracies or omissions.
9.2 All offers on the website are valid within the limits of available stocks or within the periods mentioned in the offer. If the customer buys a product which subsequently proves that it is no longer in stock or which would exceed the delivery times, La Maison du Caoutchouc reserves the right to cancel the order. In this case, the customer is not entitled to any compensation. Offers addressed to the customer by name are valid for 14 days.
9.3 La Maison du Caoutchouc has the right to refuse any order request if the customer at La Maison du Caoutchouc has outstanding debts.
10. Order Confirmation
10.1 La Maison du Caoutchouc confirms the order to the consumer without delay. As long as the order has not been confirmed by La Maison du Caoutchouc, the consumer may terminate the contract
11. Right of withdrawal
11.1. Without prejudice to the exceptions set out in article 12.1 (Exceptions to the right of withdrawal (see below), of the conditions and procedures for exercising the right of withdrawal, the consumer may revoke the purchase of the product if the latter has been purchased through our website. In accordance with the law, the right of withdrawal does not apply to products purchased in stores.
11.2. The consumer has the right to inform La Maison du Caoutchouc that he renounces the purchase, without payment of the fine and without reason within fourteen (14) calendar days from the day after the day of delivery of the product or the conclusion of the service contract
La Maison du Caoutchouc reserves the right to refuse this retraction if it is indicated, on the return, that the product shows signs of damage, use or wear. In any case, in addition to the product, all accompanying documents, warranty certificates and packaging materials must also be attached to the return.
11.3. By exercising this right of withdrawal, La Maison du Caoutchouc will reimburse the purchase price of the goods or services rendered to the consumer within 30 days of receipt of the cancellation and return of the product, less the costs incurred (for transport , insurance, additional services, …)
12. Exceptions to the right of withdrawal
12.1 The consumer does not have a right of withdrawal for the following products:
• Services whose performance has begun with the consent of the consumer before the end of the withdrawal period referred to in Article 11.
• Products which after delivery are irretrievably mixed with other goods after delivery (immobile by setting up and/or installation);
• Custom made products
• Products that have been removed from packaging;
• Products made to consumer specifications or of a clearly personal nature or which cannot be returned due to their nature or which may spoil or age rapidly.
• Products taken out of their standard packaging at the customer's request. For example, if a customer wants to buy 2m of tube when it is packaged in rolls of 50m.
13. Obligations of the consumer during the reflection period
13.1. The consumer is obliged to inspect the products immediately after receipt and to check whether the delivered products comply with the agreement. The consumer may only handle and check the product in the same way as he would be allowed to do in a store. During the reflection period, the consumer handles the packaging and the products carefully.
14. Exercise of the right of withdrawal: consumer obligations
14.1. If the consumer exercises his right of withdrawal, he shall notify it within the withdrawal period of 14 calendar days by means of an unequivocal written declaration addressed to [email protected] or by registered mail to La Maison du Caoutchouc.
14.2. After receipt of the (written) declaration by mail or registered letter from the consumer, La Maison du Caoutchouc will send the consumer, within 5 calendar days, a written confirmation of receipt of the revocation, accompanied by instructions for returning the product.
14.3. Within 14 calendar days following the day on which he informed La Maison du Caoutchouc of his decision to revoke in accordance with these general conditions of sale, the consumer will return the product to La Maison du Caoutchouc with all the accessories delivered, in its state and its original packaging, and this on the costs of the consumer. The costs and risks associated with returning the product are the responsibility of the consumer. The risk and burden and proof for the correct and prompt exercise of the right of withdrawal lies with the consumer.
14.4. The products must be returned to the address of La Maison du Caoutchouc, Leuvensesteenweg 411, 1930 Zaventhem, Belgium
14.5. If the consumer products are returned in a different way from those mentioned under article 9.3 of these general conditions of sale to La Maison du Caoutchouc, the resulting costs are also the responsibility of the consumer.
14.6. If the consumer makes use of the right of withdrawal, all additional agreements will be automatically dissolved.
15. Exercise of the right of withdrawal: obligations of La Maison du Caoutchouc
15.1. the consumer exercises his right of withdrawal, La Maison du Caoutchouc will refund the full purchase price within 14 days of the day on which he was informed of the consumer's decision to revoke the contract in accordance with sales. If, however, it turns out that the products have not been received in accordance with the conditions of the right of withdrawal, the purchase price will not be refunded (in full). In this case, the product remains the property of the consumer insofar as the latter has complied with his payment obligation. At the request of the consumer, the product can be returned to the consumer, provided that the corresponding shipping costs are paid.
15.2. Contrary to the provisions of article 10.1 of these general conditions of sale, La Maison du Caoutchouc is entitled to wait for reimbursement until it has received all the products or until the consumer has proved that 'he fired them, whichever came first
16. Exclusion of own conditions
16.1. The execution of an order takes place in accordance with these general conditions of sale, excluding the conditions specific to the consumer, even if these are communicated later. Derogations from these general conditions are only enforceable if confirmed in writing by La Maison du Caoutchouc.
17. Prizes
17.1. All prices are exclusive of VAT, in euros. Additional delivery costs or other administrative costs are indicated separately per article or in communication with the consumer before the confirmation of the contract. La Maison du Caoutchouc is authorized to argue the price if this is the result of legal regulations and provisions. The consumer is aware that in certain circumstances the tax authorities may send an additional tax when using a reduced VAT rate or a special VAT regime.
18. Payment
18.1. When confirming the order, payment is requested using the payment method indicated, either online or by invoice.
18.2. All invoices are payable in euros at the registered office of La Maison du Caoutchouc within 30 calendar days of the invoice date, unless otherwise agreed in writing.
18.3. If the invoice has not been paid on the due date, late payment interest of 10% per year will be legally due and without formal notice, until the day of full payment of the invoice. In the event of non-payment or incomplete payment of the invoice, a penalty clause of 10% will be due on the total amount of the invoice from the due date and without formal notice, with a minimum of € 250, without prejudice to La Maison du Caoutchouc's right to compensation to claim judicial and/or extrajudicial recovery costs.
18.4. Without prejudice to other stipulations of these general conditions, the payment of interest and compensation are also granted to the consumer, if La Maison du Caoutchouc fails to meet its payment obligations.
18.5. If an invoice issued by La Maison du Caoutchouc remains unpaid on its due date without the invoice being disputed, all invoices already issued by La Maison du Caoutchouc are due, even if the corresponding due date has not yet expired. In the event of non-payment of an invoice, all the payment facilities that would have been agreed will also be cancelled, so that the balance of the invoice is immediately due and payable in one go.
18.6. In the event of a dispute, the invoice must be notified by registered letter and duly justified within 8 calendar days of its receipt, indicating the number and date of the invoice that is the subject of the complaint. Otherwise, the invoice is deemed to have been accepted without reservation. Any reaction of La Maison du Caoutchouc to a late complaint is always subject to and without any prejudicial recognition.
19. Risk Transition
19.1. The products are considered accepted in our store in Zaventem, and are shipped at the risk and peril of the buyer.
20. Delivery
20.1. Delivery and transport are organized by various transport services. The products are transported at the expense and risk of the consumer. In the event of damage or loss of products during transport, the consumer must contact the carrier, who is solely responsible. The place of delivery is the address that the consumer has communicated to La Maison du Caoutchouc.
21. Delivery time
21.1. Orders are delivered as quickly as possible. The delivery times indicated on the website are only indicative, starting the day after the order was placed. If no concrete delivery date has been agreed, a delivery period of 60 days applies.
21.2. If delivery is delayed or if an order can only be partially executed, the consumer will be notified no later than 60 days after placing an order. In this case, the consumer has the right to terminate the contract without penalty if the delay is due to a fault of La Maison du Caoutchouc. After termination of the contract, the consumer will be refunded the amounts already paid.
21.3. Delivery times are calculated in working days from Monday to Friday, Saturday, Sunday and public holidays, closing during holidays and excluding cancellation days. Proof that a delay in delivery can be attributed to an error by La Maison du Caoutchouc is the responsibility of the consumer.
22. Retention of title
22.1. All products delivered remain the property of La Maison du Caoutchouc until full payment of the invoice. The consumer will treat the products with care and will not sell them, lend them outside Belgian territory or dispose of them in any other way until the price has been fully paid with additional costs. The risks of damage, loss or accidental destruction of the products are the responsibility of the consumer from the moment of delivery.
23. Liability and guarantees
23.1. The Customer accepts the Website "as is", with all errors or faults, and without any representation, warranty or guarantee, express or implied, including, without limitation, any implied guarantee of accuracy, completeness, quality, merchantability and fitness for a particular purpose or non-infringement. The Client acknowledges and accepts that the Website aims to simplify access to information but not to transmit a verified source or commercial information.
23.2. The Content is intended to provide general information only, not advice. La Maison du Caoutchouc does not guarantee that the Website is free from errors, defects, malware and computer viruses, or that the Content of the Website is complete, correct, current and accurate.
23.3. La Maison du Caoutchouc will use reasonable commercial efforts to ensure that the Website is available 24/7. Nevertheless, La Maison du Caoutchouc may block access to the Website, in particular for maintenance and upgrading reasons, or for any other reason, in particular technical reasons. La Maison du Caoutchouc does not guarantee uninterrupted access to the Website and is in no way responsible for interrupted access to the Website and any resulting effects on a Customer or a third party.
24. Inspections, claims and warranty
24.1. Visible product defects must be reported to La Maison du Caoutchouc by registered letter within 3 calendar days after delivery. Defects which should have been detected during a normal examination of the products on delivery must be qualified as visible. The consumer must at all times use the product as a good father of the family and properly inform himself about all instructions for use and maintenance.
24.2. La Maison du Caoutchouc acknowledges the existence and undertakes to respect all legal guarantees of product conformity. La Maison du Caoutchouc follows the official warranty guidelines of its suppliers. These may differ between brands and will therefore always be mentioned when purchasing an item. La Maison du Caoutchouc is responsible for processing the guarantee. The associated shipping costs are the responsibility of the consumer.
24.3. The warranty is always and in any case limited to the duration and extent of the warranty given by the manufacturer/producer/importer if the warranty period exceeds the legal warranty. Global commercial guarantees from the manufacturer/producer/importer only concern this manufacturer/producer/importer and therefore cannot be invoked against La Maison du Caoutchouc, any more than the consumer can turn against La Maison du Caoutchouc. for this reason.
24.4. However, the warranty will never cover: normal wear and tear; all defects due to abnormal or erroneous use of the goods; all defects due to insufficient or insufficient maintenance by the consumer, all defects due to non-compliance with regulations, laws, standards and/or regulations; consequential damages and all costs and damages resulting from the (temporary) inability to use the products; damage resulting from intentional error or negligence on the part of the consumer and/or user of the products, modifications, repairs or maintenance work already carried out, in whole or in part, without the authorization written by La Maison du Caoutchouc; damage caused by theft, vandalism, fire, floods, accidents, strikes, stoppage of production, etc.
24.5. The consumer will keep the product intact and take the necessary measures to ensure that the damage is not aggravated.
24.6. In the event of resale of the products, the consumer undertakes to make available to the buyer these general conditions as well as all the instructions for use and maintenance.
25. Liability and force majeure
25.1. The responsibility of La Maison du Caoutchouc in the event of non-compliance with its contractual obligations cannot be invoked in the event of fortuitous circumstances or force majeure. By force majeure, we mean all external causes, whether prevented or not, for which La Maison du Caoutchouc cannot exercise any influence and for which La Maison du Caoutchouc is unable to fulfill its obligations, such as accidents, wars, strikes , lack or more difficult delivery of materials, production stopped…
25.2. La Maison du Caoutchouc cannot be held liable for damages arising from the use or misuse of e-mail or the Internet.
26. Applicable law and jurisdiction
26.1. In the event of a dispute, only the courts and tribunals have jurisdiction over the judicial district of the registered office of La Maison du Caoutchouc. Only Belgian law applies to all offers and all contracts, to the exclusion of the intellectual property rules of the Vienna Sales Convention.
26.2 These Terms of Use are exclusively governed by Belgian law. The parties irrevocably agree to the exclusive jurisdiction of the competent court of the judicial district of Brussels in the context of any dispute or proceeding arising out of or related to these Terms of Use, the relationship existing between the parties (if there is), and any liability claims relating to the Terms of Use.
27. Additional Terms
27.1. If a provision of the Terms of Use is considered invalid or unenforceable, the invalid or unenforceable provision will then be replaced by a valid and applicable provision, the content of which is as close as possible to that of the initial provision, and the provisions remaining will be applied.
27.2. La Maison du Caoutchouc may delegate its rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of the successors and delegates of La Maison du Caoutchouc.
27.3. Failure of either party to insist on strict performance of any provision of the Terms of Use by the other party, or to exercise any right under the Terms of Use, shall not be construed as a waiver or waiver of any kind. the right of such party to assert or rely upon such provision or right in this or any other proceeding; on the contrary, the same provision will remain fully applicable and in force.
27.4 If any provision of these terms and conditions, or any part thereof, is unenforceable or contrary to a provision of public order or mandatory law, this shall not affect the validity and enforceability of the other provisions. which are not in conflict with public order or imperative law.
27.5 If La Maison du Caoutchouc authorizes a tacit derogation from these general conditions of sale for a short or longer period, this does not affect its right to demand immediate and strict compliance with the general conditions of sale.
Appendix 1 – Standard withdrawal form
(only complete this form and return it when you wish to cancel the contract)
For: La Maison du Caoutchouc SA (Rubbercenter / Rubberhuis):
VAT: BE 0435.993.5212
Leuvensesteenweg 411
1930 Zaventem (Belgium)
+32 2 511 25 76
• I/we (*) share/share (*) with you that I/we(*) revoke/revoke our agreement regarding the sale of the following products/ the delivery of the next service (*)(*)
• Ordered on (*)/received on (*)
• Name of consumer(s)
• Consumer address(es)
• Signature of consumer(s) (only when this form is submitted on paper)