General Terms and Conditions.
These general terms and conditions apply to every order placed with Ms Klaar KINDT (acting under the trade name WALL.K.DOT), having its registered office at Toekomststraat 52, 8500 KORTRIJK, Belgium, with company number 0866.864.353.
Email address: firstname.lastname@example.org
Article 1 – Definitions
In these general terms and conditions, the terms below have the following meanings:
Offer: all offers and quotations made by Ms Kindt, whether via her website or by email.
Consumer: every physical person or legal entity that acquires or uses the products or services offered on this website, exclusively for non-professional objectives. In his/her capacity as a consumer, the customer therefore has specific rights that would be questioned if the goods or services acquired through the website were in reality related to his/her professional activity.
Service: the services provided by me and which are purchased by the Customer.
Supplier: Klaar KINDT or WALL.K.DOT
Right of withdrawal: The right of a consumer, within the statutory retraction period of 14 weeks, to remotely cancel an agreement, in accordance with Article VI.47 et seq. of the Belgian Code of Economic Law.
Customer: The entrepreneur or consumer who concludes an agreement with Ms Kindt and, in doing so, accepts the general terms and conditions.
Agreement: the agreement entered into by the Customer and Ms Kindt.
Products: the products sold by the Supplier via the website.
Written: communication in writing, such as email or registered letter (where necessary).
Business address: Toekomststraat 52, 8500 Kortrijk, Belgium
Article 2 – Applicability of General Terms and Conditions
2.1. These general terms and conditions describe the rules on the basis of which we, as a Supplier, will provide our services to you, the Customer. These terms and conditions apply to all offers, quotations, orders placed, workshops, agreements, services and products, and contain important information about the rights and obligations of the Customer.
2.2. These general terms and conditions shall always take precedence over any general terms and conditions of the Customer, insofar as these have not been deviated from in writing.
2.3. The latest version of general terms and conditions will apply at all times.
2.4. These general terms and conditions will be made available to the Customer prior to concluding an agreement with the Customer.
Article 3 – Offered products and prices
3.1. The product catalogue and the description of the products on the website do not constitute an offer or quotation.
3.2. The prices of the products are those presented on the website at the moment when the Customer places the order. The Supplier shall have the right at all times to adjust the rates and/or conditions. The Offer that existed at the moment upon which it was accepted (i.e. purchased) by the Customer purchases it, is the currently valid Offer.
3.3. The Supplier cannot be bound to its Offer if the Customer could reasonably understand that the Offer, or any part thereof, contains an apparent material or clerical error, such as an unrealistically high discount or unusually low asking price.
3.4. Upon acceptance of the Offer for the provision of a service or a product, the Customer agrees that the agreement arising from this will be executed and fulfilled immediately. The Customer (or Consumer) hereby waives his/her right of withdrawal (if applicable).
3.5. The descriptions and photographs of the products on the website are as accurate as possible.
3.6. The prices include VAT, but do not include the cost of shipment, customs charges and similar. The delivery charges are available for the Customer and depend on the country to which the products must be sent.
3.7. The Customer will be duly informed of the total price, including all costs and taxes, before the Customer places an Order on the website.
Article 4 – Payment
The Supplier accepts the following types of payment methods:
Credit card (Visa, Mastercard)
Products purchased via the website must be paid for immediately and via the website. If the services or products are not purchased through the website, the Supplier will send an invoice, unless otherwise agreed. This invoice must be paid within eight (8) calendar days after the invoice date.
Article 5 – Right of withdrawal
5.1. The provisions of this article only apply to Customers who, in the capacity of Consumers, purchase products online.
The Customer has the right to cancel the purchase of the physical products purchased within a period of fourteen (14) calendar days. The Supplier has the right to ask the Customer for the substantiation with regard to the cancellation, but the Customer is not obliged to provide this.
The retraction period in the previous paragraph commences on the day after the Customer, or a designated third party, has received the confirmation email.
5.2. The right of revocation does not apply to customised services, or services or products other than physical products. The dissolution of downloads and other deliveries of digital content, not supplied on a material carrier, is not possible if the Customer has expressly agreed to the commencement of the performance of the contract before the end of the retraction period and the Customer acknowledges that he/she/it will lose the right of withdrawal when providing this consent.
In addition, a product cannot be returned if the packaging has already been removed and/or the product has already been used.
5.3. In order to exercise the right of withdrawal, the Customer must inform the Supplier of his/her/its decision to cancel the agreement by means of an unambiguous statement (e.g. in writing by post or email). This notification must reach the Supplier prior to the expiration of the withdrawal period.
In order to comply with the withdrawal period, the Customer must send his/her/its notice concerning the exercising of the right of withdrawal before the withdrawal period has expired.
5.4. The Customer must return the goods to the Supplier immediately, but in any event no later than fourteen (14) calendar days after the day on which he/she/it has communicated his/her/its decision to withdraw from the Agreement. The Customer shall be on time if he/she/it returns the goods before the period of fourteen (14) calendar days has expired.
5.5. The direct costs associated with the return of the goods shall be borne by the Customer.
5.6. If the returned product has in any way diminished in value, the Supplier reserves the right to hold the Customer liable and to claim damages for any diminished value of the goods resulting from the Customer’s use of the goods beyond what is necessary to determine the nature, characteristics and operability of the goods. Only items that are in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase may be taken back.
5.7. If the Customer withdraws from the Agreement, the Supplier will refund the Customer for all payments the Supplier as received from the Customer up to that time, including the standard delivery charge, within fourteen (14) calendar days of being informed of the Customer’s decision to withdraw from the Agreement. If this concerns a sales contract, the Supplier may withhold the refund until it has received all the goods returned to it, or until the Customer has demonstrated that it has returned the goods, whichever occurs first.
5.8. The Supplier shall reimburse the Customer by means of the same payment method with which the Customer carried out the original transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer shall not be charged any fee for such reimbursement.
Article 6 – Orders
6.1. To place an order, the Customer shall be obliged to complete the order form on the website. The order will not be deemed to have been accepted until the Customer has received a confirmation email.
6.2. The Supplier will confirm the order subject to the availability of the item in the stock maintained by the Supplier. The Supplier will inform the Customer if the product ordered is no longer available from the Supplier’s stock by email and in good time. Depending on the situation, the Supplier may propose a different yet similar product or, if necessary, cancel the order.
Article 7 – Shipment and Delivery
7.1. The following provisions apply to the purchase of products: The address provided by the Customer will apply as the delivery address. The Supplier cannot be held liable for any errors with regard to the provision of this delivery information.
7.2. The Supplier shall always ship the products subject to full receipt of payment, unless another delivery date is agreed between the Supplier and the Customer. If products are not in stock, the Customer shall duly be informed with regard to the adjusted delivery time.
7.3. If the delivery is delayed, the Customer will be notified as soon as possible. The Supplier shall then inform the Customer of the new delivery date as soon as possible.
7.4. The Supplier will only deliver its goods to Customers within Belgium/the Benelux Area/Europe.
The Customer will receive conformation of the order placed by him/her/it at the email address provided by him/her/it. As soon as the order has been dispatched, the Customer will receive an email containing a track & trace code.
7.5. The Customer must check the packaging for any damage upon delivery or collection of the goods. If the products are damaged, the Customer may not accept the delivery and must inform the Supplier of this immediately. Immediately after receiving this notification, the Supplier shall provide the Customer with the necessary instructions with regard to the damaged products.
7.6. If no one is available at the Customer’s address at the time of delivery, the Customer must follow the instructions of the delivery service responsible for delivering the order.
Article 8 – No cancellation
The Customer cannot cancel the order prematurely, unless he/she/it has been granted the written approval of the Supplier (with the exception of the relevant stipulation in Article 5).
Article 9 – Conformity of products
9.1. In the event that visible manufacturing defects are detected or if the products do not correspond to the order placed, the Supplier shall undertake to replace or refund the products. In this case, the Supplier requires a detailed written statement to be provided and that the product(s) are returned to the Supplier. The Supplier. The Supplier will, at the Customer’s discretion, either replace or refund the product(s) subject to the provision of a justifiable reason.
This request must be made within seven (7) business days following delivery. Any claim made outside of this period will not be accepted.
9.2. The products must be returned to the Supplier in the condition in which they were received, with all the elements supplied (accessories, packaging, instructions, etc.). The costs incurred for this return will be refunded to the Customer on the basis of the invoiced rate. The Customer will, in any case, benefit from the legal provisions relating to the guarantee with regard to hidden defects.
9.3. The provisions of Article 5 shall remain in full force.
Article 10 - Guarantee
The products purchased by the Customer are covered by the manufacturer’s warranty in accordance with the specific terms and conditions stated in the original documentation accompanying the product. The Customer must always read the documentation for further information in this respect.
The Customer must therefore inform the manufacturer of the defective products within a reasonable period of time after the defect has been detected by the Customer or could reasonably have been detected by the Customer.
Article 11 – Disputes
The Customer is obliged to notify the Supplier in writing of any complaints concerning invoices and/or services or products delivered within eight (8) working days after the complaint has arisen.
If the Customer were to report a defect after this term has expired, the Customer will no longer have an absolute right to restoration, replacement or compensation.
The Customer may also choose to submit a complaint to the Federal Government’s Consumer Ombudsman’s Service at all times. This can be done via the following link: http://www.consumentenombudsdienst.be//nl.
Article 12 – Liability
12.1. Force Majeure
The Supplier does not accept any liability in those cases when it is unable to fulfil its obligations due to force majeure or exceptional circumstances. If the force majeure is only of a temporary nature, the Supplier will endeavour to fulfil its contractual obligations from the moment that it has become reasonably possible to do so.
If it appears that a continuation is no longer possible, the Agreement will be revised or dissolved by mutual agreement.
12.2. Relations with third parties
Insofar as the Supplier were to be dependent on the cooperation, services and deliveries of third parties, the Supplier can in no way be held liable for damage arising from these relationships or their termination.
12.3. Contractual shortcomings
If, during the execution of our agreement, a serious shortcoming were to occur that could be attributable to the Supplier, the Customer may give the Supplier notice of default in writing, giving the Supplier a reasonable period of time to nevertheless fulfil its obligations. The Supplier can only be held liable for substitute compensation that cannot exceed the invoice amount. The Supplier is not responsible for any failure on the part of its personnel or third parties.
Any liability for any other form of damage is excluded, including any compensation for indirect damage, consequential damage or damage due to loss of turnover or profit.
12.4. Technical problems on the website
The Supplier cannot guarantee any particular uptime of the website. The digital content may therefore not be available for short periods of time. The Customer cannot claim compensation for this if it remains within reasonable proportions.
The Supplier shall make every effort to ensure that the website and online services are available again as soon as possible. However, the Supplier cannot offer any guarantee with regard to this.
12.5 Use of the website
The Supplier is not liable for loss or damage caused by burglary or hacking of the website. The Supplier shall take all reasonable security measures in accordance with the state of the technology currently available.
The Supplier shall not be liable for loss or damage resulting from phishing, farming or other forms of internet fraud or other criminal activities.
12.6. Description of products
The descriptions and photographs of the products on the website are as accurate as possible. The Service Provider cannot be held liable for any deviations were to be detected in terms of colour, description, etc. The photographs and texts illustrating and describing the products on this website were compiled exclusively for informative purposes.
With regard to the technical data sheets and product descriptions of the Supplier’s partners or its own suppliers, the Supplier rejects any form of liability with regard to the validity of their content.
12.6. Use of the products
The Supplier cannot be held liable for the wrongful use of the products.
The Customer is held to comply with the necessary safety instructions at all times. These instructions can be consulted on the website.
Article 13 – Intellectual Property Rights
13.1. By accepting these general terms and conditions, the Customer expressly acknowledges that all designs, information, images, emails, downloads, diagrams, modules and/or materials, and other content on the website are the product property of the Supplier and are protected by the relevant intellectual property rights, including but not limited to copyrights, trademark rights, database rights, neighbouring rights, patents and design rights.
13.2. The Supplier shall grant the Customer a limited, personal, non-exclusive, non-sub-licensable, non-transferable and irrevocable right to use the services and products for personal purposes and under the conditions set out in these general terms and conditions. This shall apply only during the term of the agreement.
13.3. The Customer is expressly prohibited from copying, changing, disclosing, using – whether for direct or indirect commercial purposes – or transferring to third parties any designs, information, images and other content drawn up by the Supplier.
The Customer is also prohibited from transferring the license provided to him/her/it to third parties. The Customer may conclusively download and store and/or print the works for strictly personal use.
13.4. The parties may deviate from this at all times by means of a written agreement.
Article 14 – Data processing
14.3. Within the context of the services provided by the Supplier, the Supplier – in its capacity of ‘data controller’– processes personal data relating to the contact persons provided by the Customer. The contact details of these persons may be processed within the context of the Supplier’s customer management process or for marketing purposes, and serve to properly execute the agreement concluded with the Customer.
Article 15 – General
15.1. Both parties are obliged to observe confidentiality with respect to all confidential information obtained from the other party in connection with this agreement.
Neither party may transfer his/her/its rights and/or obligations under these general terms and conditions or the agreements conclude between the parties to a third party without the consent of the other party.
15.2. If any provision in these terms and conditions should be contrary to a statutory provision, whether in part or in its entirety, and therefore be declared null and void, these terms and conditions shall remain in full force and effect in all other respects. If necessary, the parties will jointly agree on a new provision that is consistent with the tenor and purport of the provision that was declared null and void.
15.3. This Agreement is governed by Belgian law. Any dispute relating to the interpretation or execution of a contract and to the Supplier’s invoices falls within the exclusive jurisdiction of the courts where the Supplier’s registered office is located.