Terms & Conditions
Article 1. General
Le Beach delivers to B2B & consumers in the Netherlands and abroad. These conditions apply to the items offered in the online shop of Le Beach and by placing an order on our online shop or by email, the following terms and conditions are accepted
Article 2. Prices
All prices in this online store are in Euros, including VAT and excluding postage and packing. The VAT does not apply to orders outside the EU for B2B customers and will be deducted from the total price.
Le Beach has the right to change the prices of its products at any time.
Le Beach has the right at any time to determine that certain products will be delivered only from a minimum quantity.
Le Beach has the right to refuse any order at any time.
Article 3. Payment
Le Beach accepts payments by PayPal, credit cards ( Mastercard & American Express), IDEAL and prepayments by bank. All credit card payments are subject to authorization by your credit card company and Le Beach cannot be held responsible for any delay or failure to deliver the products due to payment denial by your credit card company.
Article 4. B2B customers
Shipment of the order only starts after the invoice has been paid. Le Beach makes every effort to ship the order within 2-3 business days.
If shipment cannot take place within the specified period, Le Beach cannot be held responsible. Exceeding the agreed delivery date never gives the buyer the right to (partial) non-fulfillment of any obligation towards Le Beach, expressly including payment obligations, nor any claim to compensation, unless it concerns intent or gross negligence on the part of Le Beach.
The moment the products are made available to the Buyer, warehouse or other storage facility is regarded as the moment of delivery and the moment on which the risk of the products passes from Le Beach to the Buyer.
The Buyer is obliged to check the products as soon as he receives them. Among other things, the Buyer must check whether the products meet the quality and quantity of what was agreed between the Parties.
Complaints regarding quantity must be notified in writing by the Buyer to Le Beach within 3 days after receipt of the products.
Complaints regarding quality must be reported in writing by the Buyer to Le Beach within two months after delivery, which period is regarded as an expiry period.
Products that are considered faulty by Le Beach will either be replaced or the selling price will be refunded to the Buyer without any additional charge, excluding any other liability for damages.
Products may be returned only with the written consent of Le Beach without implying any admission of liability.
If it is agreed in writing between the parties that a shipment delivered by Le Beach and accepted by the Buyer will be returned, Le Beach will refund the selling price less costs incurred such as shipping, handling and administrative costs.
If Le Beach is held liable, any liability is limited to the invoice value of the contract, at least to that part of the contract to which the liability relates.
Direct damage should be understood to mean only:
-the reasonable costs to determine the cause and extent of the damage;
-any reasonable costs incurred to make the faulty performance of Le Beach correspond to the agreement;
-reasonable costs incurred to prevent or limit the damage, to the extent that Le Beach can demonstrate that these costs have led to limitation of the direct damage referred to in this article.
Any liability of Le Beach for trading losses or other indirect damage suffered by the Buyer and/or third parties, whatever the cause, is expressly excluded.
The products supplied by Le Beach are extensively tested and conform to EU guidelines, but Le Beach cannot accept liability for situations in which users of the products use them improperly or may exhibit an allergic reaction to the products.
If the Buyer resells, delivers, or otherwise transfers products to another party under any title whatsoever, whether or not free of charge and whether or not in use, or makes them available to him, the Buyer is obliged to indemnify Le Beach against all third-party claims for damage caused by or in connection with the Products delivered by Le Beach to the other party.
The Buyer must ensure that the Products ordered or already ordered and their packaging, manuals and other information meet the requirements set by the authorities in the country of destination.
The use of the Products in accordance with the requirements set by the authorities is at the risk of the Buyer.
Unless otherwise expressly agreed in writing, all legal claims to which these Buyer's Conditions give rise shall lapse one year from the date of delivery.
The Products of Le Beach may under no circumstances be resold by the Buyer to third parties other than Consumers.
The Products may not be offered through online marketplaces of Third Parties without written permission of Le Beach.
Le Beach is not liable for any damage resulting from the transfer to Third Parties
Article 5. Intellectual Property
The content, appearance, and layout of the Le Beach website as well as all images, text, and other elements contained herein are the copyright of Le Beach. Without explicit written permission from Le Beach, it is not allowed to reproduce or publish.
Damage caused as a result of copyright infringement is eligible for compensation.
Article 6. Ownership reservation
The products delivered by Le Beach remain the property of Le Beach until the customer has fulfilled all his obligations under the agreement concluded with Le Beach, article 3:92 of the Dutch Civil Code.
If Le Beach invokes retention of title, the agreement will be considered dissolved, without prejudice to the right of Le Beach to claim compensation for damage, loss of profit and interest.
As long as ownership of the Products has not been transferred to the Buyer, he has no right to dispose of them in any way, to rent them out or to encumber them with a security right, except and insofar as this relates to the normal operation of his business, subject to the written permission of Le Beach.
The Buyer is obliged to store the products delivered under retention of title with the necessary care and recognizable as the property of Le Beach.
If the Buyer fails to fulfill its payment obligations, it shall be obliged without further notice of default to place the products belonging to it at the disposal of Le Beach at its first request. Le Beach and its employees will then have the right to enter the Buyer's premises in order to acquire actual possession of the delivered products.
The Buyer undertakes to insure the interests of Le Beach in connection with the retention of title. In the event that the Buyer has engaged third parties, such as a sub-distributor with the express written consent of Le Beach, the Buyer is obliged to assure Le Beach that Le Beach can also exercise the right of ownership against this third party.
Article 7. Force majeure
In case of failure by Le Beach to fulfill the Contract which failure is caused by force majeure, Le Beach shall be entitled to suspend fulfillment of the Contract and shall therefore not be bound by any delivery time. The Buyer is in no case entitled to compensation for any damage.
In case of force majeure, the parties will inform each other of such a situation as soon as possible.
Force majeure non-attributable failure on the part of Le Beach shall in any case include, but not be limited to:
a. damage due to natural disasters and/or storm damage
b. War, risk of war and/or any other form of armed conflict including terrorism or threat thereof in the Netherlands and/or other countries, which hinders the supply of goods or raw materials
c. strikes, enforced shutdown, riots and any other form of disturbance and/or hindrance caused by third parties, as a result of which the supply of goods or raw materials is hindered
d. loss of or damage to goods during transport by the carrier
f. shortages and/or failures of means of transport, production equipment or energy supplies
g. fire or accidents at Le Beach
h. non-delivery or late delivery to Le Beach by its suppliers.
During the force majeure situation, Le Beach has the right to suspend and/or terminate its obligations without judicial intervention and without any obligation to compensate.
Article 8. Penalty
In the event that the Buyer acts in violation of article 4, 4 or 6 of the General Conditions, the Buyer shall pay to Le Beach an immediately payable fine of €50,000 for each act of violation, to be increased by €5,000 for each day that the violation continues without any default or notice of default being required.
Le Beach reserves the right to claim damages suffered by the Buyer.