General terms of business
Payment of our invoices is due immediately upon receipt of the goods without any deduction.
Upon request the ordered goods can be delivered to the client’s business place but this only under his sole responsability. Delivery will be free of charge if the invoiced goods are of a sale value of more than 100.- Euros . Otherwise delivery costs will be invoiced separately.
It is formally agreed that in the course of business with LA PROVENCALE, the client accepts delivery of goods at his place of business or at any other place agreed, even if the client is not present at the premises at the time of delivery, or can be handed over by the truck driver to any person present at the premises of the client whose written statement of receipt shall be fully binding for the client in accordance with § 1322 ff. of the Civil Code notwithstanding the fact that the person taking delivery has no legal powers to sign for or represent the client. The client formally accepts as legally binding for himself and sufficient proof of his consent and therefore equivalent to a private deed in accordance with § 1322 ff. of the Civil Code, the signature by the client or his representative of contractual documents or any electronical device used in the course of their business, especially if it is supposed to acknowledge delivery of goods by LA PROVENCALE.
All complaints regarding the goods must be done by registered mail to LA PROVENCALE within 24 hours after purchase.
10% interests per year on the unpaid amounts, with a minimum of 25.- Euros will be charged to the client one month after each invoice’s maturity and without prior notice. Remittance fees and any bank charges are to be paid by the client. All collection costs and fees of LA PROVENCALE in case of legal or extra-legal action for the recovery of the client’s debt unpaid on the date it was due are to be paid by the client by a flat rate compensation of 20% of the unpaid amounts. Additionnally the client has to reimburse to LA PROVENCALE all lawyer fees incurred to LA PROVENCALE in case of such recovery.
Recording of phone conversations with the goods order and claims departments : By receiving and accepting the present general terms of business, the client acknowledges and accepts the recording of phone conversations to be held in relation with the order of goods and the treatment of claims, recording made to evidence the content of the conversations in case of litigation, complaint and/or misunderstandings. Should the client wish to hold a phone conversation not to be recorded, he is invited to inform his corrsepondant of it and/or call another department of LA PROVENCALE. All persons that correspond by phone with LA PROVENCALE on behalf of the client, either to place an order of goods or to discuss about litigious issues, are deemed to be informed and to have accepted the present terms of business to the same extent as does the client himself. The client obliges himself to inform such persons of these terms and of the possible recording of phone conversations as mentioned before. All recordings made as before mentioned, will be saved for no longer than 10 years.
The present contract is ruled by Luxembourg law. All legal disputes are to be handled by jurisdictions of Luxembourg-City, unless LA PROVENCALE prefers to bring the matter before any other possible jurisdiction.
The customer and/or the guarantor(s) who hereby accept LA PROVENCALE’s general terms and conditions of business confirm that these can be consulted on the webpage www.provencale.lu and that they have perfectly understood the meaning of the words herein. On request, a copy of this form can be handed over to them. They are jointly and indivisibly liable for all transactions done with the purchase card handed over to the client and for all transactions in relation with the account hereby opened at LA PROVENCALE, including the use of the before-mentioned purchase-card by authorized and/or unauthorized holders. LA PROVENCALE does not bear any liability neither with the account opened by the client with LA PROVENCALE nor in case of improper use, theft or loss of the card.
Any change of the indications mentioned on the front page of this document, as well as any change to the VAT identification number, must be notified to LA PROVENCALE immediately by registered mail. In the case of discrepancies in translations of the present terms, the french version has priority.