The e-commerce sites www.essentiel-antwerp.com (the 'Sites') are online sites selling clothes and accessories under the “Essentiel” brand (the 'Product') which belong to BVBA KADINE, whose registered offices are at Chaussee de Waterloo 950, 1180 Brussels (Uccle), Belgium, company registration no.: BE 0437.697.256 , tel. +32 3/201.13.80 (referred to hereinafter as 'Kadine').
Internet users wishing to buy Essentiel Products are referred to in these General Terms and Conditions as 'the Customer'.
By ordering any Product offered on the Sites, the Customer is presumed to have consulted the General Terms and Conditions as set out in Article 2 and accepted them expressly.
Validating an order form is deemed to be equivalent to an electronic signature which has the same value between the Parties as a written signature and serves as evidence that the order is complete and proper and that the amounts due may be claimed in performing that order.
The contract for sale may be concluded in Dutch, French or English, as the Customer wishes.
Article 1 – Scope of application
The present General Terms and Conditions govern the rights and obligations of the Parties arising out of the online sales of Products offered on Sites belonging to KADINE BVBA, Belgium. Although the Sites are aimed at Benelux, France, UK and the rest of EU, Kadine provides all its services from Belgium, and the contract between the Parties will be deemed to be performed in Belgium, dispatching to different countries.
These General Terms and Conditions apply to all Products sold via the Sites, and prevail over any and all other terms and conditions on the part of Kadine or the Customer. They may not be varied without Kadine's express prior consent in writing.
Article 2 – Capacity in law and Acceptance
Anyone wishing to buy Products from Kadine must have capacity to act in law. Should anyone be declared without capacity, they may not buy any Products on Essentiel's Site and so acquire the capacity of Customers. They must then purchase via their lawful representatives.
The Customer accepts these General Terms and Conditions expressly by clicking on a tick or putting a cross against the words “I agree with the Terms & Conditions”.
The Customer has been able to download and print these General Terms and Conditions.
Article 3 - Products
Products Kadine offers are those as they appear on the Sites at the time the Customer implements their order subject to those Products being available.
Kadine agrees to make every effort to deliver all orders.
Kadine cannot however be held liable for Products not being available or for any losses which might arise as a result. Should one or more Products in an order not be available, Kadine will inform the Customer via e-mail or in writing that it has cancelled his or her order wholly or in part or split it.
Should Products be found to be unavailable and the Customer is informed of this but they have already paid for their Products, Kadine will ask its bank to refund the amount paid for the products in question immediately, informing the Customer by e-mail accordingly. How fast the refund is actually made depends on how the Customer chose to pay when making their purchase. If they paid by credit card, the refund will appear on the next following monthly statement for that credit card. Should the Customer find the refund is taking an abnormal length of time, they are advised to contact their bank.
Kadine will in any case make the refund within 30 days.
All Products offered for sale on Sites are described in good faith and conscientiously and as accurately as is possible; but the photographs on the website are of no contractual value whatsoever. Kadine cannot accept any liability for any errors which may appear in the descriptions of the Products or photographs, including slight variations in colours and dimensions.
Article 4 – Prices and Invoicing
Prices are those as shown on Sites at the moment the Customer places their order. Prices may vary from one Site to another, as they are aimed at different countries and are subject to different rules, including on VAT. The prices which apply to the Customer are those stated on the Site aimed at the country from which the Customer places their order. Customers must place their orders from the country in which they are usually resident / want the items delivered. Orders cannot be placed in one country for delivery to another.
Prices stated during the purchasing process are expressed in euros and include VAT and administrative costs unless expressly stated otherwise.
Product and service prices do not include transport costs: these will be charged separately, and the Customer must pay them in addition to the purchase price. Any discount the Customer is allowed will be deducted from the price separately.
Kadine reserves the right to vary selling prices and transport costs at any time, although the Products purchased and costs will always be invoiced at the prices as stated in the e-mail which confirms the order. These are the prices that applied at the time of purchase, provided the Products were available.
The Customer agrees to Kadine sending its invoices electronically; but if the Customer would like a hard copy invoice, they can simply request one via the contact form.
Products will remain Kadine's property until such time as the Customer pays for them in full, i.e. until they pay the purchase price and costs in full.
Article 5 – Payment methods
Purchases can only be paid for online, by Visa, MasterCard, American Express, Carte Bleue, Maestro, Bancontact/Mister Cash, Paypal and via direct banking (iDEAL for the Netherlands). The Customer's bank account will be debited once the purchase has been confirmed, and payment will not take effect until such time as the Customer's bank has given its consent to Kadine. Should the Customer's bank refuse payment, the order will be refused automatically.
The Customer warrants they are authorised to make payments by one of the payment methods as stated above, and that there are sufficient funds in the bank account linked to the credit card to cover all the costs arising out of the transaction, failing which Kadine may refuse the order.
Kadine uses Ogone to handle payments online. Ogone is European market leader in the field of secure payments online, and the security system it uses is one of the most secure and reliable in the world. Kadine has no access to its Customers' confidential payment details, nor does it keep them.
Kadine reserves the right to refuse any order from a Customer with whom it is in dispute or who has brought a dispute in the past. Kadine may also refuse an order should the Customer not have paid for a previous order, wholly or in part.
Article 6 – Ordering Products
Notwithstanding any evidence the Customer may have in writing, it is expressly agreed that data registered in Kadine's IT systems, those of its hosting partners or Internet payment partners alone shall constitute evidence of the communications, the content of the orders and the entire transactions which have taken place between the Parties.
To place an order, the Customer goes to the heading of their choice, chooses the color and size they wish to receive and then click on ‘Add to shopping bag’. This puts the article selected in the ‘shopping bag’. The Customer can correct their order as long as they are in the ‘shopping bag’. If the Customer wishes to confirm their order, they must select a delivery and payment method. The total amount that must be paid is stated clearly throughout the whole of the billing process. Once the payment process is completed, the order is now final and cannot now be changed.
The Customer will be sent an initial e-mail confirming their order once they have made their purchase in any case. They will then get a second e-mail when their order is dispatched.
All contractual details of the order will be communicated to the Customer in the language the Customer chose when they registered at the time they confirmed their order.
Article 7 - Deliveries
When confirming their order, the Customer can choose delivery to a given address (home, work, or other).
Should the Customer opt for delivery to a given address, Kadine will do its best to ensure that that order is dispatched to that address within a few days of confirming the order. The carrier will attend that address between 08.00 and 18.00 on working days and will hand over the package(s) to the addressee or anyone else present at that address. If no-one is there, a message will be left in the mailbox of the address stated which can be used to ask for another attempt to deliver, either to the same address or to another address or to one of Kiala N.V.'s collection points.
Should the Customer fail to arrange for redelivery within three weeks of confirming the order, or should they be out when that redelivery is made, the order will be returned to Kadine automatically, who will then contact the Customer to arrange for the order to be delivered, in which case the Customer may be asked to pay additional delivery costs.
Products ordered will be delivered to the delivery address as stated by the Customer during the ordering process and then subject to the terms and conditions described therein.
Orders can only be delivered to addresses in Belgium, France, the Netherlands or Luxemburg.
Kadine reserves the right to split orders into one or more deliveries as Products are available. Each delivery will be notified by e-mail. Deliveries will be accompanied by a delivery note which also gives details of the goods delivered.
Should a delivery go missing during the delivery process, and the provisions of this article are complied with, Kadine will send a new shipment entirely at its expense if the Product is still available or refund the value of the order including transport costs. The risks of loss and/or damage pass to the Customer on delivery.
Article 8 – Right to revoke and returns
Unless the Sites expressly state otherwise, the Customer may notify Kadine within 14 calendar days of receiving the Product that they wish to exercise their right to revoke without being liable to pay any damages on that account and without having to give any reasons.
Should a Customer notify Kadine that they wish to revoke their contract to buy, they must do so within 14 calendar days of receiving the Product as above.
If the Product has already been delivered to the Customer, the Customer can exercise their right to revoke via the Sites under ‘My account’.
The Customer can do this from when they receive the order; the order status then changes to 'delivered'. Orders can always be found under ‘My account’ at ‘My orders’. The Customer can request a 'Return' for the order concerned by clicking on ‘View order’.
The customer can also choose to cancel the complete order by sending an email to firstname.lastname@example.org and including the following information: order number, date of order, shipping address & products (including the name, color and size of each item) and their quantity.
The right to revoke in respect of Products delivered only applies provided the Product is also actually returned within 14 calendar days of the Customer notifying Kadine that they wish to revoke their purchase. Kadine will be aware of this as soon as the Customer has completed the return document in full. The Product revoked must be sent back as new in its original packaging, in perfect condition and accompanied by the original sales invoice (of which the Customer retains one copy) and a completed return document. Any returns for which the sender cannot be identified will be refused. After the 14 calendar days, Kadine can no longer accept returns and will return them to the sender. No returns can be accepted physically via Essentiel's shops. Returns must be sent to the address below, which is also stated clearly on the return document.
Essentiel Antwerp - Web shop
The costs and risks involved in returns will be borne by the Customer.
Customers may also send returns by handing them in free of charge at a Kiala collection point and obtaining a proof of receipt from the Kiala collection point.
Purchases will be refunded within 14 calendar days of Kadine receiving returns in good time, provided all conditions as specified above have been strictly complied with. Under no circumstances can the amount repaid ever exceed what the Customer actually paid.
Purchase will be refunded within 14 days of cancellation. Kadine reserves the right to postpone refunds until the goods have been received.
Such refunds will be made as follows:
If a Customer has paid for their order by credit card, having examined the products returned, the credit card the Customer used to pay for the products returned will be credited, less the sums due or the sales vouchers or discounts used to pay for the order. The Customer will be refunded in accordance with the procedures agreed with the bank which issued the card. If the Customer paid for their order by some other form of payment, the refund will be made by being credited to the bank account number they stated on the return voucher.
Find more information on returns in our Returns Policy.
Article 9 – Gift cards
Essentiel Antwerp gift cards are sold both online and in the shops. Gift cards by e-mail are only sold online in the Essentiel webshop. The following terms and conditions apply:
- Gift cards can be redeemed in any of our stores and in our online stores available in Belgium, France, The Netherlands and Luxembourg.
- Gift cards remain valid indefinitely.
- Gift cards can be redeemed in part or in its entirety. If you do not use the full amount at once, you will receive a new gift card for the remaining amount.
- You can freely determine the value of the gift card you will be buying, as long as the amount is between €20 and €250.
- Gift cards will be shipped separately and free of charge.
- Gift cards cannot be returned and may not be exchanged for cash or any other payment, not even partially.
- The code on the gift card can be used in the online order process. After reviewing and confirming your order, put the code printed on the gift card in the ‘gift cards’ field in the shopping cart during the check out process. Purchases are deducted from the gift card balance.
- If your total order is less than the value of your gift card, you will receive a new gift card with the remaining balance.
- If your total order exceeds the value of your gift card, the remaining balance must be paid by one of our available payment methods.
- Gift cards by e-mail will be e-mailed to the recipient after processing your order once your payment has been confirmed. Essentiel Antwerp is not liable for the delivery of a gift card by e-mail to a non-existent or wrong e-mail address. It is the sole responsibility of the purchaser that the input of information (such as the e-mail address of the recipient) is correct and double-checked.
- Essentiel Antwerp is not responsible if a gift card is stolen, resold, destroyed, lost or used without your permission.
Kadine warrants that the Products offered for sale do not suffer from any visible or latent defects which render the Product impossible or dangerous to use.
This warranty is without prejudice to the statutory rights the Customer has under their national legislation.
The Customer is guaranteed against any non-compliance which exists when a Product is delivered and which manifests itself within two years of being delivered. This two-year period will be suspended for as long as it takes to repair or replace the product or should Kadine and the Customer be involved in negotiations with a view to settling matters amicably.
Customers must contact Customer Service should they wish to invoke this warranty immediately, and must notify Kadine of the non-compliance via Customer Service in writing in any case within two months of discovering the defect.
They must get in touch via the contact form which can be found under the ‘Contact’ contact option and follow the instructions on screen. The report will then be sent to Customer Service automatically; they can also be reached at email@example.com.
Under no circumstances does the warranty apply to Products which are damaged intentionally or by the Customer's negligence; nor does it apply if the damage is due to sleet, transport or incorrect use.
Customers can contact Customer Service if they have any queries as to the warranty.
If the customer has a complaint, they can contact Customer Service by filling out the contact form. When choosing the reason of contact, we will direct you to the right person. Alternatively, you can reach Customer Service directly at firstname.lastname@example.org. We will revise your complaints on working days from 9 a.m. to 5 p.m. We will make every effort to answer all your questions withing 24 hours.
Providing this warranty and customer support is important to Kadine. Therefore, all acts that may negatively affect customer service are forbidden, such as reselling the Products, relabeling the Products or exporting them outside the European Union for commercial purposes. The Products are sold for private purposes only.
The costs incurred by Kadine for the verification of compliance of prohibition of export for commercial purposes outside of the European Union will be borne by the Customer in case of infringement. Kadine also reservs the right to suspend or even refuse a sale if there is a prima facie indication that the prohibition is not respected.
Article 11 – Intellectual property rights
All elements (referred to hereinafter as the 'Elements'), including texts, the database with all data published on the website, the layout and graphic design of the web pages, the sales catalogue, photos, images, video and music on the Sites are protected by copyright, database rights, trademark rights, patent rights and all other forms of intellectual property rights worldwide, and thus remain the exclusive property of Kadine. They may not therefore be copied, published, imitated or used in any other way in any form whatsoever without Kadine's prior consent in writing. Such consent must be obtained in writing, unless Kadine itself has made it possible to share certain Elements via social networks, in which case consent will be limited to the specific Elements and social networks for which Kadine has made it possible to share them. Any infringements of this will be pursued in the courts.
Article 12 - Liability
Kadine cannot under any circumstances be held liable for any losses suffered directly or indirectly (loss of use, loss of profits, loss of opportunity etc.) arising out of using the Sites or of their being unavailable. It cannot be held liable for any damage to the Customer's systems incurred through visiting the Sites including being hacked or computer viruses.
Kadine cannot be held liable for any errors which may be in photographs or text used in describing products on Sites.
Kadine cannot be held liable for not delivering orders because products are out of stock or for reasons beyond its control, including circumstances of force majeure, including disturbances of or suspension of transport, post or communications services, in the event of flood or fire, accidents or damage inherent in using the network.
In any cases where Kadine is or could be held liable, Kadine's liability will be limited to the amount the Customer actually paid for the order concerned.
Whilst Kadine tries to ensure that all details, descriptions and prices which appear on the Sites are accurate, errors may occur. If Kadine discovers an error in the price of any Products which the Customer has ordered Kadine will inform the Customer of this as soon as possible and give the Customer the option of reconfirming the order at the correct price or cancelling it. If Kadine is unable to contact the Customer the order will be cancelled cancelled. If the Customer cancels and has already paid for the Products, the Customer will receive a full refund.
Article 13 – Disputes and governing law
Should any disputes arise between the parties concerning the agreement, the courts of the judicial district of Brussels will have exclusive jurisdiction to hear the case.
The agreement between the parties is governed by Belgian law.
Article 14 - Contact and settlement of disputes
Should they have any queries concerning their purchases, Customers can contact Kadine via the contact form available in the ‘Contact’ section of the Sites. Kadine warrants it will offer Customer answers within five working days.
Article 15 – Varying General Terms and Conditions of Sale and Nullity
Kadine may vary the present General Terms and Conditions at any time, including to comply with its statutory obligations. Changes notified via the Website will apply to all subsequent offers and orders.
Kadine reserves the right to vary the design and content of its website at any time. Customers are entirely at liberty to deactivate their accounts if the General Terms and Conditions or the layout or content of the website are changed. They can do this by going to the "My Account” section of the Sites and then clicking on “My Personal Details".
Should any court decision result in any of the article(s) or paragraph(s) of the present General Terms and Conditions being null and void or unenforceable, that will not affect the validity or enforceability of the other articles and paragraphs of the present General Terms and Conditions or the agreement between the parties.