Conditions générales de vente

Dernière mise à jour le 19 décembre 2022. Versions précédentes disponibles sur demande.

 

Description

Welcome to GRAINE DE MALICE and loopipak.be. 

GRAINE DE MALICE is a young Belgian brand focused on the development and production of sustainable, environmentally friendly, and ethically manufactured products. Please review our Privacy Policy, Cookie Policy, and Advertising Policy (if available) to understand how we collect and process your personal data when using loopipak.be.  

 

Article 1 - Seller Identification and Professional Client Status

The “Seller” of the goods or services on this e-commerce site is GRAINE DE MALICE SRL, whose registered office is located at Rue de l’Agasse 26, 5030 Gembloux, Belgium, with company number 0780.343.818. 
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The “Client”, who wishes to use the e-commerce platform of GRAINE DE MALICE, explicitly declares, by placing an order via www.loopipak.be, that they are acting as a professional trader. ​​​

 

Article 2 - Scope of Application

These General Terms and Conditions of Sale (GTC) apply without restriction or reservation to all sales concluded by the Seller with professional buyers (“the Clients or the Client”) wishing to purchase the products or services offered for sale.

Unless otherwise required by mandatory legal provisions, these general terms apply to all activities of GRAINE DE MALICE. These terms, as well as any specific conditions of GRAINE DE MALICE, are deemed accepted by its buyers and suppliers, even if they contradict their own general or specific terms. Any deviation from these conditions must be agreed upon in writing and notified by an authorized representative of GRAINE DE MALICE. 

Article 3 - Prices

All prices are exclusive of VAT. Unless otherwise stated, prices do not include delivery costs.

 

Article 4 - Offers

All offers from GRAINE DE MALICE are made without commitment. Orders are only considered final once they have been confirmed in writing and signed by an authorized representative of GRAINE DE MALICE. The company GRAINE DE MALICE shall not be held liable for non-performance due to force majeure, strikes, lockouts, etc. 

Product images are for illustrative purposes only and may contain elements not included in the price or that differ from the actual product. To avoid any misunderstanding, clients should contact customer service before ordering. A 30% deposit is required before any production begins.

Article 5 - Delivery Times ​

Delivery times are indicative only. Goods are shipped at the buyer’s risk, and risk transfer occurs as soon as the goods leave GRAINE DE MALICE’s warehouses. GRAINE DE MALICE reserves the right to invoice goods progressively as they are delivered, even for partial shipments. 

Agreed delivery times start from the receipt of the deposit, unless explicitly stated otherwise. No compensation is granted for delivery delays due to staff unavailability.

 

Article 6 - Contract Types

Rental Agreement

Under the Loopipak service provided by GRAINE DE MALICE, the minimum rental period is three months, subject to the conditions outlined in these terms and the agreed pricing and terms signed in the order form. The rental period continues until either party (the buyer or GRAINE DE MALICE) terminates it with a three-month notice.

Sales Agreement ​

For purchases made via the Loopipak service, the general terms of sale and the pricing and conditions signed in the order form apply. 

Custom-made products cannot be canceled once the order is confirmed.

Lease-Purchase Agreement

For lease-purchase agreements under the Loopipak service, the general terms of sale and the pricing and conditions signed in the order form apply.
 

Article 7 - Liability

Products sold by GRAINE DE MALICE are warranted against manufacturing defects. The company is responsible for hidden defects, unless the buyer has misused the product. 

The warranty ceases if the buyer fails to report any issues within one month of purchase, via registered mail or email with acknowledgment of receipt. GRAINE DE MALICE’s liability is limited to replacing the defective part without any obligation of refund, compensation, or damages.
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Article 8 - Invoice Payments

Unless otherwise agreed in writing, all invoices are payable in full at the registered office of GRAINE DE MALICE. Non-payment of an invoice on its due date makes all outstanding amounts immediately due, regardless of previously granted payment terms. 

For the FlexBox service (which applies equally to “FlexBox” and “FlexBag” packaging), GRAINE DE MALICE reserves the right to request a deposit for the goods made available. 

For lease-purchase contracts, monthly payments will be processed via SEPA Business-to-Business direct debit.​

 

Article 9 - Administrative Fees ​

Rental Contract: A one-time administrative fee is required and payable at the time of ordering Loopipak packaging.

The quantities may vary during the contract period, provided that the duration and notice periods specified in these terms are respected. Additional administrative fees apply when the quantity increases by 30% or more compared to the initial order and will be calculated based on the total increase.

 

Article 10 - Payment Default ​

In case of non-payment of an invoice on its due date, the debtor agrees to pay a penalty of 15% of the outstanding amount (minimum €150.00) and late payment interest as per the Belgian law of August 2, 2002, on combating late payments in commercial transactions.

 

Article 11 - Termination

In the event of a rental under the FlexBox service, if the buyer fails to fulfill any of the obligations set out in the order form or these general terms and conditions of sale, GRAINE DE MALICE shall have the right to automatically terminate the contract. 

Furthermore, GRAINE DE MALICE reserves the right to claim damages and compensation from the buyer due to the termination of the contract. In the event of contract termination, the buyer is required to return the goods at their own expense, risk, and responsibility to GRAINE DE MALICE upon first request. Failure to do so grants GRAINE DE MALICE the right to retrieve its property by any means necessary, regardless of its location, at the buyer’s expense, risk, and responsibility.

Article 12 - Ownership of Goods

All equipment rented by GRAINE DE MALICE remains its inalienable property.

For the FlexBox Service: The buyer of the FlexBox service acknowledges that purchasing the service does not entail any transfer of ownership of the goods—whether physical or digital assets, including but not limited to Flex packaging, scanners, or access to the FlexBox portal. The buyer is granted a temporary right of use, subject to the following conditions: 

• The buyer must immediately notify GRAINE DE MALICE in writing (via email, letter, or the FlexBox portal) in the event that any of the provided equipment: 
a) is damaged, 
b) is held by a third party for more than two months, 
c) is involved in an accident causing bodily injury, material damage, or legal action, 
d) is seized, borrowed, stolen, or otherwise damaged for any reason. 

• The legal defense obligation and all associated costs will be borne by the buyer. However, the buyer must provide GRAINE DE MALICE with all necessary documents and details regarding the use of the Flex packaging. 

As a user of Flex packaging, the buyer must handle them with the same care as if they were their own property. No modifications may be made, and they must be stored under conditions that do not pose risks to the products. 

For All Other GRAINE DE MALICE Products: The buyer acknowledges that all goods remain the property of GRAINE DE MALICE until full payment of the invoice, including any applicable fees, in the event of non-payment by the due date.
 

Article 13 - Sales Completion

The issuance of the invoice for the final balance shall be considered a request for acceptance if it has not been carried out beforehand. In the absence of a written complaint by registered letter within twenty (20) days from the invoice date, the completion of the sale shall be deemed definitively and unconditionally accepted. 

The seller reserves the right to refuse orders in the following cases: 
- Serious suspicion of legal abuse or bad faith on the part of the client, 
- Stock depletion or unavailability of an item, 
- Detection of an incorrect offer, 
- Suspicion of the buyer’s insolvency, 
- Force majeure. 

Article 14 - Buyer Obligations (Loopipak Rental Service)

In the spirit of collaboration between the Seller, GRAINE DE MALICE, and the Buyer, the Buyer agrees to provide the necessary information to the Seller to ensure the proper delivery of the Flex packaging service as intended. 

The Buyer also commits to ensuring the efficient return process of the Flex packaging, including maintaining clear communication with recipients who receive the packaging. The packaging must always remain under the GRAINE DE MALICE brand, with its logo intact.
 

Warranty Repairs for Loopipak Packaging ​

Warranty repairs for Loopipak packaging cover manufacturing defects. This may include issues such as loose seams, defective closures, broken fastenings, or any other damage related to product quality. It is important to contact us as soon as you notice a defect to proceed with the repair as quickly as possible, ensuring that your packaging remains fully functional and meets your expectations. ​

Not all repairs require a return to our workshop. We can provide you with a quick repair kit, such as patches, to reinforce small tears or other minor damages.

The Seller freely decides whether to repair or replace a reusable package. A completely destroyed package is considered purchased and must be fully paid for by the renter in case of a rental contract.

If purchasing Loopipak packaging:

Repairing a Loopipak package is a more economical option than buying a new one, depending on the extent of the damage and the associated repair costs. Minor damages can be repaired by yourself using the repair kit we provide. If the damage is too significant or the package is irreparable, purchasing a new package may be necessary. However, this is a very rare occurrence.

If renting Loopipak packaging:

Repairs are included in the rental fee, under normal usage conditions. Shipping costs for sending and returning the packaging are the renter’s responsibility.

Steps to Repair Your Loopipak Packaging:

• Contact Loopipak’s customer service via their website or by phone to report the need for a repair. Ensure you have detailed information about the issue encountered.
• Loopipak will provide instructions on how to proceed. This may include sending photos of the damage for evaluation.
• Depending on the nature of the damage, Loopipak will arrange the repair of your packaging by its team of specialists.
• If the repair is not covered under warranty, you will receive a cost estimate in the form of a quote.
• Once the quote is accepted and the repair is completed, Loopipak will return your repaired packaging as soon as possible. Repairs are given priority in our production process.
• After receiving your repaired packaging, carefully check its condition to ensure the repair has been carried out to your expectations. Its lifespan is extended, and you can continue to reuse your packaging.
• By following these steps and effectively communicating with Loopipak’s customer service, you can have your packaging repaired quickly and efficiently.​
  

Article 15 - Loopipak Packaging Repairs

The current terms may be modified at any time without prior notice. Any purchase or reservation made after the modification implies the client’s acceptance of the new terms. These conditions may be supplemented by additional terms, provided they are explicitly referenced, as well as by the terms stated on the invoice. In case of any conflict between conditions, the current terms shall prevail.
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Article 16 - Changes to Terms ​

GRAINE DE MALICE retains the intellectual property rights over all goods offered for sale or rental (Flex Packaging). The services and products are protected under copyright law, know-how, and intellectual property regulations. No mention or use of trademarks, trade names, acronyms, logos, designs, or photos displayed on the website may be made without prior written consent. Any unauthorized reproduction or use constitutes counterfeiting, which is subject to civil and criminal prosecution. Additionally, any use that is contrary to public decency or morality shall not be authorized under any circumstances.

Both parties mutually agree to maintain strict confidentiality and to not disclose any information to third parties, except where legally required, regarding any details obtained during the execution of their contractual obligations. 

No party may mention or use the name, brand, logos, or any other commercial or non-commercial identifiers of the other party without prior written consent. 

The Buyer commits to respecting GRAINE DE MALICE’s intellectual property rights and to inform the Seller immediately upon becoming aware of any similar or competing activities.

Article 17 - Mediation

In the event of a dispute, other than the recovery of unpaid invoices, both parties agree to first seek mediation by appointing a certified mediator and participating in at least two sessions of two hours each in an effort to reach an amicable resolution.

Article 18 - Disputes

All disputes shall fall under the exclusive jurisdiction of the judicial district of Namur, even in the event of a third-party claim or multiple defendants. However, GRAINE DE MALICE reserves the right to bring the case before the court of the defendant’s domicile or registered office. No payment method or execution shall constitute a waiver or modification of this exclusive jurisdiction clause. Only Belgian law shall apply.