General Terms and Conditions of Sale
The specific terms and conditions of each sale (items purchased, prices, terms, etc.) and the present General Terms and Conditions of Sale constitute the entire contractual framework which applies to all sales transacted via KOWI KOWI’s website. They act to cancel and replace all and any previous communications that may exist (except where expressly departed from in writing and approved further to discussion between the parties).
The present preamble is an integral part of the General Terms and Conditions of Sale.
- CORPORATE IDENTITY OF KOWI KOWI
KOWI KOWI SRL (private limited company)
Registered office: Rue Ernest Gossart 31, 1180 Brussels.
Telephone number: [+]
VAT registration number: BE 0748.655.106
BCE (Crossroads Database for Businesses) registration number: 0748.655.106
The terms used in the present General Terms and Conditions or on KOWI KOWI’s website are to be understood in the manner specified below:
3.1. KOWI KOWI: the company by the name of KOWI KOWI, which offers its Products for sale on the Site.
3.2. Customer: all physical persons who have legal capacity and who place orders for Product(s) on the Site or all professional parties that place orders for Product(s) on the Site in that capacity.
3.3. GTCS: the present General Terms and Conditions of Sale.
3.4. Order: request from the Customer on the Site with a view to concluding a contract of sale relating to one or several Products made available for sale on the Site, between KOWI KOWI and the Customer.
3.5. Products: all goods made available for sale by KOWI KOWI on the Site and defined in article 5 of the present GTCS.
3.6. Site: KOWI KOWI’s website where the products are offered up for sale to the Customer. The Site can be accessed at the following addresses (URLs), depending on the country where the Customer is based at the time of the sale: www.kowikowi.com
3.7. Transaction: all protected operations and processing, authorisations and agreements inherent to the payment of the products ordered by debit/credit card or by any of the other digital payment methods available on the Site.
3.8 Force majeure: unforeseeable and unavoidable event beyond the control of the Parties.
- ACCEPTANCE OF THE GTCS
The Customer hereby acknowledges he has duly read the present GTCS and, by placing his Order, hereby expressly confirms his unreserved acceptance thereof. The sheer fact of the Customer placing the Order implies his acceptance of the GTCS.
KOWI KOWI markets protective face masks carrying the images of works of art, for which it holds an exclusive license, via a distribution network and through its website, enabling it to sell its products to both private and professional customers.
- UNDERTAKINGS OF THE CUSTOMER
The Customer hereby affirms he has legal capacity.
The Customer hereby undertakes to supply exact, precise and up to date details in compliance with the present GTCS.
The Customer is the named holder of the debit/credit card with which the payment is to be made for the Product(s) ordered on the Site in compliance with the present GTCS or confirms he has permission in due and proper form from the actual holder.
The Customer hereby undertakes not to resell the said Products as ordered on the Site, whether in whole or in part, and shall make sure that, where he himself is not the recipient of the Products, the recipient also undertakes not to resell the Products, whether in whole or in part. Where Customer resells the Products in a way that violates the present GTCS, KOWI KOWI shall be absolved of all risks and all liability resulting therefrom.
7.1. The Customer logs into the Site, fills his shopping basket and places his Order for the products chosen by him whilst browsing around the Site, in compliance with the present article.
7.2. All details provided by the Customer when entering the details relating to his Order, are binding on the Customer. On no account shall KOWI KOWI be held liable for errors made by the Customer in providing his contact details or those of the recipient of the Products ordered (the delivery address and the billing address in particular), for late deliveries or for the fact that the Products ordered cannot be delivered due to the said errors.
7.3. The information recorded by the automatic registration systems shall act as proof of the nature, contents and the date of the Order.
7.4. KOWI KOWI reserves the right not to approve the Order, especially in the following situations (this list is not limitative):
– In the event that Products ordered are not in stock and consequently unavailable. KOWI KOWI only puts Products that are available from stock on its Site. The products and the prices are valid if they are displayed on the Site. However, if a Product is ordered which, for whatever reason, is no longer available from stock, KOWI KOWI shall inform the Customer thereof and cancel the Order for that particular Product.
– In the event the issuer of the debit/credit card used by the Customer refuses to validate the payment or if there is a pending dispute over the payment of a previous Order;
– In the event of fraud or reasonable grounds to suspect fraud on the part of a Customer;
– Where the Customer wrongfully protests the sale and/or enters multiple frivolous complaints relating to one or several of his Orders.
In that case, any sums which the Customer may have paid, as applicable, before the Product was delivered to it, shall be repaid to the Customer in full, and the contract of sale as well as all obligations arising therefrom shall be cancelled.
7.5. Upon receipt and approval of the Order, KOWI KOWI shall confirm acceptance of his Order to the Customer by sending a confirmation mail to the e-mail address provided by the Customer when he entered his Order. The sale shall be deemed to have been concluded only after the said Order confirmation has been sent out.
The Customer hereby undertakes to keep a copy of this confirmation e-mail, as well as a copy of the present GTCS, either by printing them, or storing them on a durable medium (meaning any digital tool enabling the Customer and KOWI KOWI to store the information sent to the Customer in person to enable him to refer thereto later on, for a length of time that is adapted to the purposes for which the information is intended and which may reproduced in a way that is identical to the information stored).
7.6. If the Product ordered is not immediately available or is no longer available, KOWI KOWI shall inform the Customer of the delivery time by e-mail. If the Customer is dissatisfied with the time given, he is free to change or cancel his Order for this Product.
7.7. The Customer hereby accepts to be sent the invoice for the Order in digital form.
8.1. The Customer gets to choose from three different delivery methods: delivery to the collection point nearest to the address provided, standard delivery to the delivery address provided or express delivery to the delivery address provided.
The carriage costs/cost of postage are to be paid by the Customer.
8.2. Upon confirmation of the Order and acceptance of the payment on the part of the body that processes the transaction, KOWI KOWI hereby undertakes to have the Products ordered shipped to the Customer at the delivery address entered when he placed the Order, within a time span which is usually within 30 days depending on the destination. All details relating to the practical arrangements and the delivery times are available on the Site. The Customer understands that this delivery time, as well as those specified, as applicable, on the Site, are provided only by way of reference, and that the said times may vary depending on the circumstances. On no account shall the specification of the said delivery time(s) be binding on KOWI KOWI which waives all and any liability for longer delivery times, provided the legal time limit is observed.
8.3. However, if KOWI KOWI were to commit to delivering the Products within a fixed time limit which it is subsequently unable to observe, for whatever reason, KOWI KOWI shall promptly inform the Customer thereof. The Customer may then enjoin KOWI KOWI, by letter sent by recorded delivery with request for confirmation of receipt or by written notice on another durable medium, to perform delivery within a reasonable added time. Where KOWI KOWI fails to comply with this demand, the Customer shall be within his rights to rescind the contract of sale by letter sent by recorded delivery with request for confirmation of receipt or by written notice on another durable medium
In that case, KOWI KOWI shall be required to refund all sums paid to the Customer within fourteen (14) days at the latest after the date on which the contract of sale was rescinded.
8.4. By placing an Order, the Customer undertakes to pay all present and future taxes, levies, duties and other charges associated with the delivery of the Products ordered. In the same manner, KOWI KOWI declines all and any liability for the said sums.
8.5. Deliveries shall be carried out in accordance with the terms and arrangements and by the carriers specified on the Site.
8.6. Upon receipt of the Products ordered, the Customer is to check the condition of the product supplied and read the instructions in the user manual that has been supplied. Where one or several of the products ordered are missing or damaged, the Customer or the recipient is advised to make the relevant reservations with the Carrier at the time of the delivery and/or contact KOWI KOWI using the Contact page on our Site.
8.7. If the Customer has not received his parcel as part of a standard or express delivery to the delivery address provided, even though the Carrier attempted delivery on repeated occasions (three stops maximum), the Carrier shall notify the customer that it is leaving the parcel at the collection point closest to the delivery address stated.
8.8. In case that the Customer made a mistake in his address of delivery when he made his order (ex : wrong Country), all the related expenses due to this mistake will be at the customers expenses and Kowi Kowi could ask up to a 5€ fee + the charges for a new shipment to the Customer.
9.1. In the event of visible and/or quality flaws to an item or any other defects established by the Customer at the time of delivery, the Customer undertakes to report the matter to KOWI KOWI as quickly as possible. In that case, the Customer is to describe the defect established by him as clearly and in as detailed a manner as possible. Customers are advised to report their complaints to KOWI KOWI using the Contact page (contact form, e-mail, telephone or regular post).
9.2. KOWI KOWI shall reply to complaints reported within fourteen (14) days counting from the date of receipt. Where a complaint requires a longer processing time, KOWI KOWI shall advise the Customer thereof within fourteen (14) days as part of its acknowledgement of receipt and provide an indication of the time when the Customer may expect a more detailed reply.
9.3. The Customer hereby accepts that he may not enter complaints that are not backed up by concrete elements in corroboration. KOWI KOWI reserves the right to cease accepting Orders from a Customer who has abused his right to enter complaints, in compliance with the present article. It is hereby agreed that such abuse shall be said to exist where the same Customer has entered multiple complaints in respect of previous Orders which he failed to back up by concrete elements in corroboration.
10.1. In compliance with the applicable rules and regulations, given the nature of the Products marketed by KOWI KOWI, the Customer shall not be allowed to withdraw his Order.
Article VI.53, 5° of the Economic Law Code sets out that: “Sealed Products cannot be returned for health or hygiene protection reasons and (the same applies to sealed products) which have been opened by the Customer after delivery.”
10.2. As an exception to the above, the Customer shall be permitted to withdraw from the sale only if the Product ordered has not yet been shipped out and is still in KOWI KOWI’s possession, that is to say before it has been taken over by the Carrier.
11.1. The prices specified in the Product Fact Sheets do not include transport costs.
11.2. The price specified at the end of the Order placement process and in the Order Confirmation is the final price, which is specified including VAT.
11.3. The prices stated on the Site are valid only on the Order placement date. KOWI KOWI reserves the right to change the prices at any time and without prior notice.
12.1. The price of the products shall be payable using any of the payment methods available on the Site on the day on which the Order is placed.
12.2. The protection against the fraudulent use of the payment methods used for the transaction, including as a result of hacking, and against protests of the payment of the price of an Order is insured by the companies by the name of Stripe and/or Paypal [www.stripe.com – www.paypal.com].
12.3. In compliance with point 7.4 above, the Order will go ahead only if the secured bank payment centre and Stripe/Paypal have accepted the transaction relating to the Order to be carried out. If the transaction is refused by the secured bank payment centre or Stripe/Paypal, the Order is automatically cancelled and the Customer shall be immediately notified via the interface Stripe/Paypal.
12.4. The data relating to the Order are automatically processed, for which AB-Arts SRL acts as the Data Controller. The purpose of this automated data processing is to counteract debit/credit card fraud. AB-Arts SRL and KOWI KOWI are the recipients of the data in connection with the Order. The non-transmission of the data in connection with the Order shall prevent the transaction from being carried out. Where fraudulent use is made of a debit/credit card, or false statements are made or anomalies are encountered, the particulars of the Order consequently left unpaid may be entered into a payment incident database.
13.1. KOWI KOWI disclaims all and any liability for any loss or damage which may arise from the injudicious, unreasonable and/or unforeseeable use of the products sold.
KOWI KOWI disclaims all and any liability for carelessness of any kind: (1) when the user uses/wears the mask and the masks shows signs of normal wear; (2) for the alteration of the product by the Customer or by a third party, (3) for improper storage or poor preparation/packaging of the Product by the Customer, or (4) for the failure to comply with the user instructions of the product.
13.2. Similarly, KOWI KOWI disclaims all and any liability for any changes to the composition of the Products due to the manufacturers.
13.3. In any event, KOWI KOWI’s liability shall be limited to the amount of the Order.
13.4. KOWI KOWI disclaims all and any liability for simple errors or omissions occurring despite the precautions taken in the presentation of the products, with particular reference to the photos shown on the Site, which are provided by way of information. On no account shall the Customer be permitted to invoke a change in KOWI KOWI’s ownership or to the contents of a given Product in the event of a mismatch compared to the photo on the Site. The notices contained in the Product Fact Sheets are provided for reference only. The Customer hereby undertakes to carefully read the manufacturer’s notices on or inside the packaging of the Product. These notices provide information (especially with respect to proper usage of the Products, proper storage of the products, handwashing, other sanitary measures, and contraindications) which the Customer and, in general, anyone who uses the Product must observe.
13.5. The Site contains links to other websites. KOWI KOWI disclaims all and any liability for the current or future contents of these sites and for the contents of outside sites that carry a link to KOWI KOWI’s website.
14.1. Under Belgian Law, all Products purchased from KOWI KOWI come with legal guarantees.
The Customer is free to decide to call on the guarantee for any hidden defects of the goods sold within the meaning of article 1641 of the Belgian Civil Code and, in that case, he shall be free to choose between the cancellation of the sale or a reduction of the sales price, in compliance with article 1644 of the Belgian Civil Code.
The legal guarantee on the product(s) shall not apply where the instructions regarding the use and maintenance of the products have not been observed.
- INTELLECTUAL PROPERTY
15.1. The text, lay-out, illustrations, photos, fact sheets and other elements on the Site are copyright-protected and, in a general sense, protected by the principles of intellectual property law. The contents of the Site may not be copied. They may neither be changed, nor placed on another website, nor published in any shape or form without KOWI KOWI’s prior written permission. The Site may also contain texts, illustrations and other elements that are protected by the third-party copyrights. KOWI KOWI does not in any way grant permission for its intellectual property rights or those of third parties over the text, illustrations and other elements to be used.
15.2. The brand, images, drawings and models are exclusively owned by KOWI KOWI and may not be used without the latter’s express permission.
- CHANGES TO SERVICE DELIVERY OR AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE
16.1. KOWI KOWI reserves the right to change its Website, its procedures and its GTCS at any time.
16.2. The GTCS which apply at the time when the Customer places his Order shall serve as the baseline terms and conditions, unless where an administrative or governmental authority has demanded that amendments be made to the said terms and conditions. In that case, these amended provisions may apply to the Orders placed before the amendments were made.
17.1. If one of the provisions of the GTCS were to be declared null and void, invalid, unlawful or unenforceable for any reason, the Customer and KOWI KOWI hereby agree that the other provisions shall remain in full force and effect. The null and void, invalid, unlawful or unenforceable clause shall be replaced with retroactive effect by a valid and enforceable clause, the tenor of which shall be as closely as possible in keeping with that of the original clause.
17.2. The Customer and KOWI KOWI hereby agree that they may exchange the relevant information required for the performance of the present GTCS by electronic means. All electronic communications between the parties shall have the same probative value as a written paper document.
A printed version of the GTCS and all warnings delivered in digital form shall be acceptable in all legal or administrative proceedings in respect of this contractual relationship, in the same manner and subject to the same terms as other documents and business records created and kept in printed form.
17.3. Neither the Customer nor KOWI KOWI shall be liable for any delays in the performance or for the non-performance of their obligations due to instances of force majeure.
17.4. All communications or notifications sent by KOWI KOWI to the Customer shall be deemed to have been lawfully sent to valid effect if they were addressed to the e-mail address provided by the Customer, even if the said e-mail address is no longer valid.
- SETTLEMENT OF DISPUTES
18.1. In the event of problems with the implementation of the present GTCS, the Customer and KOWI KOWI hereby agree to endeavour to find an amicable solution, before bringing matters before the courts.
KOWI KOWI is not subject to any out-of-court arbitration proceedings dealing with complaints, claims or disputes. Nonetheless, the Customer shall be free to call on any existing mediation service which has jurisdiction to hear a dispute with KOWI KOWI.
18.2. In the absence of an amicable agreement between the Customer and KOWI KOWI, the French-speaking Courts of the legal district of Brussels (Belgium) shall have exclusive jurisdiction to hear disputes relating to the validity, the interpretation, performance or non-performance, the interruption or the cancellation of the present GTCS, regardless of the place of delivery of the Products or the Customer’s registered address.
The agreements and all contractual relations between the Customer and KOWI KOWI shall be governed by Belgian law.
As applicable, the choice of Belgian law as the applicable body of law, and of the French-speaking Courts of the legal district of Brussels (Belgium) as the courts of competent jurisdiction, as specified, shall not prejudice the applicability to the Customer of the provisions that are peremptory under the laws of the Member State of the European Union where the Customer resides if these turn out to provide greater protection than the Belgian provisions, or the competent jurisdiction of a different court designated under applicable European Union law.