General terms and conditions of sale
GENERAL TERMS AND CONDITIONS OF SALE Valid from 03/2020
General starting point
These general terms and conditions of sale are applicable, subject to any modifications that the parties may make to these terms and conditions in a formal agreement recorded in writing in duplicate and signed by all the contracting parties.
Any contract signed is directly binding on the buyer. The seller is only bound after acceptance, countersigning or confirmation by registered letter from Lux Art Dream Design S.À.R.L..
The fact that the seller does not invoke any of these General Terms and Conditions of Sale (GTCS) at a given time shall not be interpreted as a waiver of the right to invoke them at a later date.
Lux Art Dream Design works as a distributor-seller with its partner-producer. Lux Art works independently for the distribution of staircases, stair complexes, fences, which are produced by this commercial partner.
Based on Lux Art's role as a distributor, these General Terms and Conditions of Sale apply to its services, which take precedence over those of the customer without exception.
1.Site information, plans and measurements
As a distributor, Peter Naessens offers to take measurements of products to be ordered on site.
If potential customers share information based on the architect's plans and take measurements of the staircase, banisters and/or fencing - for which they are requesting a quote - without checking, they themselves - and not Lux Art - guarantee the accuracy of the measurements.
Peter Naessens prepares an estimate based on his own measurements or on measurements supplied or sent by the customer, taking into account the specific choice of products, questions, information and possibly a plan from the architect.
The estimate is signed by both parties.
Any adjustment to the price of this quotation will be necessary after the control measurements have been carried out by Peter Naessens or a delegated technician.
The architect's plans must correspond to the exact measurements of the installation site, which Lux Art will check.
The Lux Art salesperson or technician can only take very precise measurements when the room is completely finished from a building technology point of view. The completion of all plastering and flooring work is very important here. The thickness of the plaster on the walls and ceiling and the thickness of the floor covering (tiles, parquet, stone carpet, etc.) make all the difference to the accuracy of the measurements.
If there is only screed, the thickness of the future floor covering must also be included in the measurements. The customer must inform Peter Naessens at the time of the measurements, and again by e-mail, of the correct total thickness of the floor covering in relation to the type of floor.
When the measurements carried out by Lux Art show that the architect's plans correspond to the installation space of the future staircase, they can serve as the basis for a correct quotation. It is important that the customer is not allowed to make any structural changes to this installation space, or to the plans used, after this quotation has been signed. If this agreement is not adhered to, any structural changes to the dimensions will result in a staircase complex that does not fit. The buyer alone is responsible for this technical, financial and installation problem.
Once the quotation has been signed and an initial partial payment has been made, our partner manufacturer's planning department will draw up a project with plans for the staircase complex, banister and fencing. This department has the right to make structural adjustments to these ordered products. These plans are submitted to the customer for approval in consultation with Lux Art. Several interactions are possible. This joint preparation of the basic plans that are important for production may lead to delays. The customer's interests are paramount here, which is why Lux Art cannot be held liable for any subsequent delay in delivery.
2. Quotations, price invoicing and ordering
The prices set out in Lux Art Dream Design S.À.R.L. quotations are based on the information in Lux Art Dream Design's possession at the time these quotations are announced.
Once the exact measurements have been taken on the buyer's construction or installation site by Peter Naessens or a Lux Art technician, the predetermined prices can be adjusted. This new price will be confirmed on a document attached to the initial quote. Peter Naessens sends this document by e-mail to the customer, who immediately approves and confirms this price adjustment by return e-mail to Lux Art (directly to the seller, Peter Naessens).
If the De Lux Art Dream Design S.À.R.L. quotation is accepted by the purchaser, Peter Naessens will have it personally signed for confirmation by the purchaser. This approved quotation is an official, dated and signed sales contract - including the General Terms and Conditions of Sale (GTCS), Intended Use and Principles of Use of the staircases and Warranty - which cannot be unilaterally amended or cancelled by a customer.
If, immediately after signature, it appears that the customer wishes to reconsider his choice of product ordered, Peter Naessens may, after further unusual consultation between himself and the purchaser, give his authorisation on an exceptional basis and only when no stage of the production process linked to the signed order has been initiated by our partner-producer. The legal condition for this exceptional cancellation is that the customer must place a new order with our company within the Lux Art product range and offers. The legal condition for this exceptional cancellation is that the customer must place a new order with our company within the Lux Art product range and offers. As a result of this new order, Lux Art will charge additional travel, consultation, arrangement and administration costs for the production of a new quotation, which Lux Art will again submit to the customer for signature.
A radical unilateral cancellation of the order by the customer has far-reaching consequences. Read more in this article.
The prices indicated on the quotation may be revised by the seller after one month, taking into account changes in market prices.
The quote gives an indicative budget price, which can also be added to or adjusted at the customer's request.
After the quotation has been signed, unforeseen additional prices may have to be invoiced due to additional deviations caused at the customer's home or on site, as well as certain changes in the choice of parts with regard to the staircase ordered, handrails, fencing, etc. These agreed additional prices, indicated in additional invoices, must be paid by the customer immediately after the order or changes agreed in writing.
If it appears that a crane or forklift with a specific technician is required on site to carry out the installation work, Lux Art Dream Design S.À.R.L. has the right to charge an additional fee for the installation of the products purchased.
Products will be invoiced at the prices and conditions applicable on the days of actual delivery or dispatch. Consequently, Lux Art Dream Design S.À.R.L. reserves the right to adjust the prices mentioned in its quotations and order confirmations in the event of variations in exchange rates, taxes, customs duties and any other objective factor involved in setting prices.
Any change in the levying of VAT and/or in the official prices of raw materials for partial products will be passed on by the producer and therefore also by the seller in the respective additional quotation(s) for the customer.
In the event of unforeseen external official exceptions - beyond Lux Art's control - any change to these prices must be officially invoiced to the purchaser.
If the buyer does not respect his commitment to place his final order with Lux Art Dream Design S.À.R.L., i.e. if he cancels his contract immediately after signing, but without having paid a deposit, the buyer will be obliged to pay Lux Art Dream Design S.À.R.L. the fee of 30% of the total price, indicated in the quotation signed by the buyer. This fee is used to cover the costs of the design, arrangements and discussions with the producer and the client, travel expenses, measurements and all other costs related to the services provided.
The customer should be fully aware that once the quotation is officially signed and paid ( 30 % of the price ) as a contract by the customer, Lux Art will immediately provide excellent service, i.e. the customer's order will immediately be placed with Lux Art's business partner. The cooperation with the producer of our business partner is going very well. This is why our sales partner sets up the production process in phases very quickly.
Unilateral and unforeseen cancellation by the customer after signing the purchase contract and payment of the deposit, without agreement with Peter Naessens and without formal agreement between the seller and the buyer, while our production partner is already fully engaged in the production process of this official order placed, gives Lux Art Dream Design S.À.R.L. the legal right to claim compensation of 100% (minus the deposit already paid by the customer) on the total sum of the order officially accepted and signed for approval.
In the event of validation of the purchase contract by an unauthorised person, the seller is liable in the event of a problem or dispute. In this situation, the seller is never liable.
3. Payment methods
Lux Art Dream Design S.À.R.L. retains ownership of all products until full payment of the sums due by the buyer and any supplements.
However, from the moment of delivery, the risks on the products delivered rest with the buyer. It is the buyer's responsibility to take care of the goods and to take all necessary precautions.
All orders, staircases and related parts, all necessities and all costs will always be paid by bank transfer to the account of Lux Art Dream Design S.À.R.L., as indicated on each invoice. All payments, normal and additional, will be made in consultation with Peter Naessens and in accordance with the terms and conditions indicated on the initial quotation and attachments.
Once the quotation has been approved and signed, the customer must agree to these mutually agreed major instalments:
- The order is triggered by a deposit of 30 % of the total price requested immediately after the quotation is signed.
- The balance of the order ( 60 % ) must be paid at the latest at the time of installation. A bank transfer will be made in advance so that the amount is in our bank account at least 10 days before the installation date.
- In the case of a partial bank transfer, the outstanding balance, corresponding to the amount of the placement lump sum (10 % ), will be paid at the end of installation using the bancontact terminal available to the installation manager.
In exceptional cases, the seller may adjust these payment methods in consultation with the customer.
During the preparatory discussions, the potential customer undertakes to declare honestly that he or his business is not aware of any financial problems that could be the cause or origin of the defaults.
If Peter Naessens encounters any future financial doubts on the part of the potential customer, it can, as a distributor and also on behalf of its partner manufacturer, agree with the customer to pay the total amount of the product order immediately after the quotation has been signed, after deduction of the installation work.
When the ordered staircase complex is ready for transport, Peter Naessens informs the customer.
The final balance of this order ( 60 % ) must be paid on time, so that this amount is on the bank account of Lux Art Dream Design S.À.R.L. at the latest 10 days before the respective transport and installation of the staircase with the related products.
If the customer does not meet this 10-day payment deadline, the planned transport and delivery of the ordered products cannot be carried out by the partner producer or deposited on site. The Customer may not claim damages from Lux Art on the grounds of personal negligence.
The customer must respect the agreed interim payments. Proof may be requested by Lux Art Dream Design S.À.R.L..
In the event of non-compliance with the terms of payment agreed and signed for approval, the service and work may even be suspended temporarily or definitively. Under no circumstances will the purchaser be entitled to claim any damages or losses suffered as a result of this temporary or definitive decision by Lux Art Dream Design S.A.R.L..
Thus, the manifest absence of a single payment on the due date set in writing by Lux Art will result in immediate payment of the outstanding balance without any judicial or extrajudicial formalities.
If Lux Art's invoices remain totally or partially unpaid, the purchaser will be required - without prior formal notice and by way of compensation - to pay Lux Art a flat-rate compensation of 10% of the amount due, with a minimum of 100 euros, without prejudice to late payment interest at the legal interest rate that the customer also owes from the due date.
4. Indication of production and duration
Once the customer has paid the first deposit, the approved and signed quotation and the complete order file are immediately transferred by Peter Naessens to his partner producer.
The entire production process takes place in several stages. See article 2.
The partner manufacturer discusses and designs the staircase complex in consultation with Peter Naessens, who handles the project with the necessary approval for his customer.
The drawings give rise to concrete plans. Read the progress report in article 1.
The agreed production time, which is therefore influenced by the interventions of Peter Naessens in consultation with the customer, gives an indication of time. It regularly happens that the customer responds too late to questions from Peter Naessens, which leads to delays. This indication of time or deadline cannot constitute a dispute for the delivery and installation of the ordered products which may be later than expected and cannot therefore give rise to claims for financial compensation.
Lux Art cannot be held responsible for any shortages or defective deliveries of products or parts of products due to an error on the part of our manufacturer. These causes may delay Lux Art's installation work, as missing or defective mechanical parts or products must be delivered by additional shipment, which takes time. Lux Art is unable to deal with any such problems. The customer undertakes not to claim any compensation or discount from Lux Art as distributor or from its partner-producer.
5. Delivery and installation
The goods are delivered to the purchaser's premises or to an agreed location.
Delivery times and dates are given or confirmed for guidance only and are not binding.
The manufacturer's planning department will inform the seller of the delivery, installation or dismantling dates.
They may be modified without notice or compensation if the seller considers it impossible to comply with the predetermined schedule.
The customer who takes delivery of the equipment will not be able to make a statement to the effect that he is responsible for the delay in delivery.
As soon as the equipment has been ordered or repaired, Lux Art Dream Design S.ÀRL. will give notice of delivery or completion to the customer, who is required to take delivery within a week and pay the balance of the corresponding amount.
If the customer is absent or unable, for personal reasons, to carry out the agreed installation or service, he must inform the Lux Art contractor, Peter Naessens, 72 hours in advance. After all, Lux Art works with independent, specialist technicians and installers who demand tight, fast planning times.
If the customer notifies Peter Naessens less than 72 hours in advance, Lux Art is still obliged to pay these technicians and installers the transport and installation or intervention costs. Lux Art therefore reserves the right to recover these costs from the customer.
In the event of a shift in the schedule, a change in support or the inability of these teams to work, the customer will be asked to pay compensation of €400 (excl. VAT) per day and per person, in addition to the cost of travel from the customer's head office to the site.
The customer must make practical and thorough preparations and obtain the necessary authorisations before the staircase, balustrade and/or fence can be delivered, installed or serviced.
-To ensure that the work proceeds smoothly and without obstacles, all possible obstructions and objects must be removed outside and inside on the way to the installation or work area and at the point where the stairs, ramps and fencing are to be fixed.
-The surface of the ground where the staircase and fence are to be installed must be flat, level and clean.
-The plaster must be completely finished. Tip: don't paint until after installation.
-Workers must be given the necessary space. To prevent damage, the area around the installation site must be covered with protective material and fragile items removed.
If the customer does not adequately prepare and protect this installation area, the work will not go as smoothly and damage may occur. As a result, the installer or technical team will be delayed and charge higher costs. They cannot be held responsible for any damage whatsoever.
Stairs, railings and fences will be delivered by lorry, depending on the manufacturer, to the customer or to the agreed location. Parking must be provided during delivery, i.e. no nuisance from other vehicles.
At the time of the agreed delivery, the customer will have the opportunity to check the quality of the products. If the customer is satisfied with the products, he will confirm this by signing the delivery note. Any problems must be noted on the delivery note and reported immediately afterwards in writing by e-mail or post to Peter Naessens of Lux Art.
The installation date has already been set with Lux Art.
If the Customer has no comments or remarks after the installation of the products delivered, he must confirm this again in writing and signed on the handover form when the technicians are handed over to Lux Art.
Any problems must be reported by the Customer immediately after installation within 48 hours by e-mail or post. At the end of this period, Lux Art assumes that the staircase complex with or without fencing and the respective installation of these products have been declared in order by the customer.
After this period, Lux Art will not accept any subsequent claim concerning these products or any claim for damages of any kind whatsoever.
6.intended use and principles of use of staircases
See the text in the appendix: Important instructions that the customer must follow in order to benefit from the guarantee.
See the text in the appendix: Important information for customers concerning the warranty on products delivered and installed.
8. Force majeure and disputes
Lux Art Dream Design S.À.R.L. has the right to invoke force majeure if circumstances prevent it from fulfilling its obligations.
Any cause, event, circumstance or case of force majeure that makes it impossible for the seller to perform its duties shall suspend and cancel its obligations to the Customer if it is unable to resume its duties. Lux Art will then seek a solution, but in the given situation, no compensation or financial indemnity is due to the Customer in respect of any delays in delivery and/or installation or intervention.
In the event of a dispute, the Customer undertakes to reach an amicable agreement with Lux Art, choosing a reasonable solution. Both parties may reach an agreement on the basis of the signed contractual GTC and general legislation.
In the absence of any agreement, the court of the country where the service is provided, i.e. the Grand Duchy or Belgium, will take the correct decision.
Lux Art has never been involved in any disputes and has therefore not yet taken any legal action.
Lux Art offers a friendly service and wishes to preserve the good reputation of its commercial partner, the production and distribution company Lux Art Dream Design! The customer undertakes not to report any problems with the seller on social media or by e-mail.
We are convinced, from experience, that all problems can be resolved through mutual trust and consultation between the customer and Lux Art, so that such a dispute will never arise.
With regard to :
metal staircases and metal fencing supplied and installed indoors
and/or wooden steps/rails/wall supports.
The period/ by part :
2 years for the construction of metal staircases and metal fences
2 years on wooden steps/rails, handrails/wall brackets and handrails.
External staircases also come with a 2-year guarantee.
The warranty period is standard, as mentioned above. If you need more information, please contact Lux Art Dream Design.
1 The company, Lux Art Dream Design, guarantees the sturdiness of the goods delivered and assembled under normal use from the moment the stairs are placed until delivery of the work and thereafter for the periods described above.
2. Out of warranty :
- consequential damage.
- minor technical and aesthetic imperfections in the material, construction (e.g. shrinkage and cracking) and finish (partly caused by shrinkage), which do not affect strength.
- Differences in the colour and structure of the wood, as well as discolouration.
- Normal wear and tear.
- Damage resulting from changes to the shape of the structures, their failure to conform to the correct specifications of the building work carried out properly or the use of unsound building materials.
- changes in shape and defects in the material resulting from (excessive) moisture absorption during construction work and after installation, and resulting from non-compliance with the scientifically required ambient temperature and relative humidity in the customer's stairwell and enclosure.
- problems caused by insects and other pests.
- defects and damage resulting from work not carried out by or because of Lux Art on the goods delivered.
- Glass: We use only the highest quality branded glass.
Deviations in dimensions, content, thickness, weight, colour shades and technical-physical phenomena such as inclusions, bubbles, coloured reflections, shadows, etc., as well as anisotropies (rings or bands in polarised light) are permitted within the tolerances customary in the industry and do not constitute grounds for complaint.
- Natural stone steps.
3. The warranty only covers defects resulting from construction faults in the part of the staircase and fencing supplied.
The guarantee applies only to manufacturing defects visible at the time of acknowledgement of receipt and to hidden defects. No refunds will be accepted.
The warranty includes only the replacement or repair, at Lux Art's discretion and only with its agreement, of what has been shown by the customer to be defective. The customer may not claim any related damages.
4. In order to benefit from this guarantee, the purchaser must immediately notify Lux Art Dream Design S.À.R.L., by any written means - accompanied by photographs - of any problems he/she notices, without, however, this being able to suspend the payability of amounts due, cancel a sale or terminate the contract. Product guarantees are governed by the rules in force. In the case of equipment, the guarantee provided by Lux Art Dream Design S.À.R.L. is the same as the official guarantee recognised by the manufacturer.
5. The warranty is subject to proper and regular maintenance by the principal and/or his successor or legal successors in title and is based on the state of the art and knowledge of technology at the time of the tender date.
The guarantee on the products of Lux Art and its partner does not apply to specific damage to parts or to the staircase, banister or fence as a whole, caused by persons who have not complied with the 'Rules for the Intended Use and Principles for the Use of Staircases' prescribed by Lux Art and approved by the customer. Lux Art is not liable.
This warranty will be void if repairs or other types of work are carried out by or on behalf of the principal or his legal successor(s) and if such work on the aforementioned part is carried out without his express prior knowledge and the written approval of Lux Art.
6. Existing structural problems and deviations in the floor, walls or/and ceiling, which impede normal and smooth installation work, cannot constitute an obligation for repair or compensation under the guarantee by Lux Art Dream Design.
If, after installation, material or structural damage is caused to the staircase complex and consequently also to this staircase and related parts, the damage caused is not covered by the Lux Art Dream Design guarantee.
INTENDED USE AND PRINCIPLES OF STAIRCASE USE
The parameters of our staircases are included in a staircase design agreed and approved by the customer.
Our products are intended for use in closed rooms, where the temperature is between +15°C and +25°C and the relative humidity between 45% and 60%. Temperature and humidity have a certain influence on the functioning of wood.
Higher humidity levels cause the wood to swell and can alter its dimensions, while lower humidity levels can cause the wood to dry out and crack to varying degrees. It is important to bear in mind that air humidity depends on the season. In winter, the relative humidity of the air in heated interiors falls even below 25 %, which means that the equivalent humidity of the wood drops to 4-5 %. In summer, warm air with high relative humidity is supplied from outside, whose temperature is higher (during the day) than the temperature of the air inside. The outside air cools inside a building, increasing the relative humidity.
Indoor staircases are not intended for outdoor use, as they are not weather-resistant. Exposure to sunlight or UV rays can cause discolouration, colour changes and stains on wood and metal.
Running or jumping on the stairs, slipping on the edges of steps or handrails, climbing on the balustrade or holding on to it is not the right way to use these products and may cause damage and present a health risk. Small children must not play on the stairs.
The customer is solely responsible for animals using the stairs.
Our exclusive design staircases are intended for use with shoes that are generally considered to be for domestic use. Shoes must have soft, non-slip soles that do not scratch painted surfaces. Sand particles, metal shavings or similar elements will scratch the paint coating and damage the wood.
The load-bearing capacity of the staircases is no more than 250 kg for the staircase as a whole. Balustrades and handrails ensure safety with a maximum pressure of 100 kg.
Staircases are not intended for transporting products weighing more than 80 kg. The installation of heavy, hard, sharp-edged objects or items that press on the surface in certain places may cause mechanical damage.
Our products are not resistant to impact, moisture, fire, corrosive and abrasive substances, greases, solvents and other chemicals. Our company is not liable for damage caused by the above-mentioned factors.
The staircase assembly should be cleaned with a dry or slightly damp, soft cloth. You must not allow the elements to be flooded with water and you must not leave water on the elements.
The parts must not be cleaned or maintained with chemical agents. Responsibility for damage caused by chemical cleaning or maintenance agents used on the parts lies with the customer. Before maintenance or cleaning, it is recommended that a test be carried out on an inconspicuous part of the component, to check whether the active agent causes damage or interacts with the product.
Our wood products protected by wax oil require periodic renovation of the surface by applying further coats of wax oil. This is a standard maintenance procedure and is not covered by free warranty or claims services.
When renovating buildings, Lux Art recommends that the products are fixed in such a way as to prevent mechanical and chemical damage, and that all the usual safety measures are observed.
Occasionally, parts may need to be adjusted or tightened periodically, particularly joints in wooden components. This is a normal activity that falls within the user's sphere of activity.
The covering of staircases with carpets and other coverings or decorative elements is carried out by the customer at their own risk. Covering may result in mechanical damage, discolouration and a significant reduction in the safe use of the stairs, leading to the risk of slipping, falling or other damage to health. The above also applies to objects left on the stairs.