- Ordering through KMSKAshop's website implies that the customer has read, understood and accepted these general terms and conditions.
- These general terms and conditions may only be deviated from by means of contracts in writing signed by both KMSKAshop and the customer and are solely applicable to the matters set out therein. All other matters covered by the general terms and conditions remain in force in unamended form.
- These general terms and conditions are likewise applicable to any intermediaries appointed by KMSKAshop and to any intermediaries appointed by the customer.
- These general terms and conditions do not apply to offline purchases. In that context, specific general terms and conditions are applicable, which are set down in the separate agreements or contracts for each commission or customer. For further information in this respect, please contact info@KMSKAbe.
Articles on offer and prices
- Prior to the customer confirming an order online, KMSKAshop shall provide that party with all the required information concerning the articles ordered by the customer.
- The articles are described and imaged as accurately as possible on the website. Should, in spite of every precaution, there be an error or, for example, a colour difference between the description or image and the article, KMSKAshop cannot be held liable therefor. Colours on a monitor could differ to colours in reality.
- The prices at the time of the order being placed are applicable. All listed prices are inclusive of the statutory VAT.
- KMSKAshop uses an independent courier company to ship the products and the customer is provided with shipping costs that are as accurate as possible, based on the information provided by the company.
- KMSKAshop cannot be held liable for deviations to these shipping costs that are due solely to a courier company. The courier company engaged by KMSKAshop only makes deliveries on weekdays during standard working hours. These times could differ between countries.
- If an article ordered by the customer is out of stock, the customer shall be informed thereof by email.
- The order, or that part of the order in question, will then be cancelled and the corresponding sum paid in advance by the customer shall be refunded within 30 days of the customer being informed that said article is no longer in stock.
Information to be provided by the customer
The customer is required to provide to KMSKAshop all information that the latter deems necessary in order to ensure that the order is fulfilled swiftly and in full.
In that respect, KMSKAshop shall indicate which fields in KMSKAshop's online shop must be completed for an order to be placed.
The customer is the sole party responsible for the information provided being correct, complete and accurate.
Concluding the order
The order exists as of the time that the customer confirms the order by electronic means to KMSKAshop.
KMSKAshop reserves the right to decline the order, to not fulfil the order or to subject the order to further conditions if:
- the customer provides incorrect, incomplete and/or false information;
- there is evidence or a serious indication of non-payment and/or fraud on the part of the customer;
- a previous order or orders were not paid for, irrespective of the reason.
On the basis of articles 1649bis et seq. of the Civil Code with respect to sales to the consumer, a statutory guarantee is available to the customer/consumer.
The customer acknowledges that they must present their delivery note to KMSKAshop in order to exercise the rights associated with this statutory guarantee.
Complaints arising from hidden defects must be submitted within 15 days of said defect being detected.
The liability of KMSKAshop is limited to repair, where possible, to replacement with an equivalent product or to reimbursement of the purchase price.
Under no circumstances is KMSKAshop liable for the indirect consequences of a product being unavailable for use due to this product being defective.
The guarantee period provided by KMSKAshop shall never exceed the manufacturer's guarantee period, and is in any event limited to six months.
KMSKAshop can under no circumstances be held liable for damage, including physical damage and the consequences for the customer or for a third party on the grounds of unperformed maintenance, improper usage, deliberate damage or negligence.
Right of withdrawal – terms and conditions and how to exercise that right
A customer intending to use purchased articles exclusively for nonprofessional purposes has the right to notify KMSKAshop that they have decided not to proceed with the purchase within 7 workdays of the day following the day upon which the order was concluded or the delivery of the articles was performed.
If the customer opts not to proceed with the purchase of the ordered articles within 7 workdays of the day following the day upon which the order was concluded or the delivery of the articles was performed, then the customer must return, unopened, any articles already delivered, within 10 workdays of their delivery, to KMSKAshop, with such in accordance with the methods as communicated by email to the customer by KMSKAshop's logistics department.
The customer acknowledges that the costs and risks for returning the articles are for their account.
KMSKAshop shall only reimburse to the customer the sum that the latter party paid in advance if the articles are returned unopened and received within the aforementioned period and in accordance with the methods as communicated by KMSKAshop's logistics department, with that reimbursement being performed within 30 days of receipt of the articles in question by KMSKAshop.
Prins Boudewijnlaan 21D
2550 Kontich, Belgium
BTW/TAV/VAT: BE 0478.996.787