ARTICLE 1 — SCOPE OF APPLICATION
The present Terms of Use govern the rights and obligations of the Parties arising out of the online sale and purchase of Products offered on the Sites. 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 Terms of Use apply to all Products sold on the Sites, and prevail over any and all other terms and conditions of Kadine or the Customer. They may only be amended in writing
ARTICLE 2 — CAPACITY IN LAW AND ACCEPTANCE
Anyone wishing to buy the Products from Kadine on the Sites must have the legal capacity or otherwise purchase the Products through their lawful representatives.
The Customer accepts these Terms of Use expressly through the ordering process by clicking on a tick or putting a cross against the words “I accept the Terms of Use”.
The Customer can print these Terms of Use.
ARTICLE 3 — PRODUCTS
The Products offered for sale on the Sites are those that appear on the Sites at the moment at which the Customer visits them and which are indicated as being sold by Kadine.
Products are offered for sale within the limits of available stocks and only for the purchase of customary amount for private use.
Should one or more Products of an order not be available, Kadine will inform the Customer via e-mail or in writing thereof. In such case, the Customer will be promptly reimbursed, in the same means of payment as the Customer used for the original transaction. The promptness of the refund can vary depending on the type of payment chosen by the Customer. In case of a payment 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, she/he shall contact his/her bank.
Kadine will in any case make the refund within 30 days.
All Products offered for sale on the Sites are described in good faith and conscientiously and as accurately as is possible. The photographs on the Sites accompanying the Products are as faithful as possible, but cannot ensure perfect similarity with any given Product. Kadine cannot accept any liability for any minor errors or differences which may appear in the descriptions or photographs of the Products, including slight variations in colours and dimensions.
ARTICLE 4 — PRICES
The applicable prices are the ones shown on the Sites at the moment the Customer places the order.
Prices may vary from one Site to another, in accordance with any local peculiarities of the country/territory each website serves.
Prices stated during the purchasing process are expressed in euros and include VAT and administrative costs.
Product and service prices do not include transport costs which will be charged separately, on top of the purchase price, as specified on the respective Sites. Any discount to which the Customer is entitled will be deducted from the price separately.
Kadine reserves the right to modify the selling prices and transport costs at any time, although the Products purchased and respective costs will always be invoiced in accordance with the prices as stated in the confirmatory e-mail, which are the prices that applied at the time of purchase.
The Customer will receive a confirmation of the order, as well as the corresponding invoice, on an electronic and durable medium.
Products will remain Kadine's property until the respective Customer pays for the Product in full, i.e. until she/he pays the purchase price and all costs in full.
In case of manifest error in the indication on the Sites of the price of any Product that the Customer has ordered, Kadine will inform the Customer thereof as soon as possible and give the Customer the possibility to replace an order at the correct price. In any case Kadine will cancel the initial order and refund the Customer for this order.
ARTICLE 5 — PAYMENT
Purchases can only be paid for online, by Visa, MasterCard, American Express, Carte Bleue, Maestro, Bancontact/Mister Cash, and PayPal and via direct banking. The Customer's bank account will be debited once the Customer proceeds to the payment, 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 agreement will not be concluded between the Customer and Kadine. As soon as the Customer’s financial institution accepts the payment, the agreement is concluded between the Customer and Kadine.
The Customer warrants that she/he is authorised to make payments by one of the payment methods stated above. It warrants as well that there are sufficient funds in the respective bank account linked to the credit card to cover all the costs arising out of the transaction.
Kadine reserves the right to refuse to fulfill at any time an order with a Customer with whom it is in dispute or who has brought a dispute in the past, or who has not paid for a previous order, wholly or in part.
ARTICLE 6 — ORDERING
To place an order, the Customer goes to the Product of his/her choice, chooses the color and size he/she wishes to receive, if applicable, and then clicks on ‘Add to shopping bag’. The said Products will be added to its shopping bag.
The Customer may freely modify the order as long as the Products are in the shopping bag. The price of the Products will be automatically displayed in the shopping bag.
Once the Customer has finished making his/her selection and wishes to validate the content of his/her shopping bag and confirm the order, the Customer must identify itself. Existing Customers identify themselves by logging in, new Customers must fill in the necessary fields to create a Customer account.
The Customer must also select a delivery and payment method and will enter its billing and delivery address.
Before proceeding to payment, and placing the order, the Customer must accept both the
Privacy Policyand
Terms of Use, by ticking the checkbox provided.
Then the total amount of the order to be paid, plus the transportation costs, will be clearly stated.
The Customer will be redirected to a trusted payment provider Mollie, which will securely process the payment.
Once the payment process is completed, the Customer will see an order confirmation page and will receive in parallel a confirmation email sent to the provided email address. All contractual details of the order will be communicated to the Customer in the language the Customer chose when she/he registered at the time she/he confirmed their order.
At that point, the order can no longer be modified by the Customer.
The Customer can choose to print the order confirmation page. Nevertheless, the Customer will also receive an order confirmation by e-mail.
The Customer will receive an e-mail from our logistic partner when his/her order is dispatched.
Data registered in Kadine's IT systems, those of its hosting partners or Internet payment partners shall constitute evidence of the communications, the content of the orders and the entire transactions which have taken place between the Parties.
ARTICLE 7 — DELIVERY
The Products will be delivered to the delivery address as stated by the Customer during the ordering process, and following the procedures of the local logistic partner.
The delivery times stated on the website and found in the shipping information must be regarded as a commitment of means and cannot be invoked against Kadine.
The Products ordered by the Customer can only be delivered to addresses within the designated Territory, indicated on the website.
For delivery times and details on the designated Territory, the Customer can consult the shipping information
here.
Should the Customer nevertheless, in any way, organize a delivery outside of this designated Territory, on their own initiative, they do so entirely at their own risk and expense, and Kadine can therefore in no way be held responsible for the delivery, return process or refund thereof, nor can it guarantee any customer service.
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 Products delivered. The Costumer will not bear any additional shipping costs if Kadine decides to split an order into several deliveries.
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 to the delivery address mentioned during the ordering process or any other delivery preferences specified by the Customer.
ARTICLE 8 — RIGHT OF RETURN AND REVOCATION
Within the first fourteen (14) days from the receipt of the Products ordered, the Customer has a statutory right of revocation, if applicable, without the need to provide a reason for return (8.1).
In addition, if the Customer is not satisfied with its ordered Product, the Customer may return it within 30 days from the day of receipt of the Product(s), following the procedure set out below (8.2).
8.1 — RIGHT OF REVOCATION
If the Customer is a consumer within the meaning of Section 13 German Civil Code (Bürgerliches Gesetzbuch), s/he shall be entitled to a right of revocation in accordance with the statutory provisions, of which Kadine provides more detailed information below. Consumer in this sense (and in the sense of this Terms of use) is any natural person who buys the Products for a purpose which can predominantly not be attributed to her/his commercial or self-employed professional activity.
RIGHT OF REVOCATION
You have the right to revoke this contract within fourteen days without giving any reasons. The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier of the order have taken possession of the last goods of the respective order.
In order to exercise your right of revocation, you must inform us (Address: KADINE BV Arenbergstraat 21, 2000 Antwerpen, Belgium, e-mail: service@essentiel-antwerp.com) of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model revocation form, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
CONSEQUENCES OF THE REVOCATION
If you revoke this agreement, we will refund to you all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a different method of delivery than the cheapest standard delivery offered by us), promptly and no later than fourteen days from the date on which we received notice of your revocation of this Agreement.
For this refund we will use the same means of payment as you used for the original transaction unless expressly agreed otherwise with you and in no event will you be charged for this refund. We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You shall return or deliver the goods to us immediately and in any event no later than fourteen days after the day on which you notify us of the revocation of this Agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
MODEL REVOCATION FORM
(If you want to revoke the contract, please fill out this form and send it to us.)
— Address: KADINE BV Arenbergstraat 21, 2000 Antwerpen, Belgium, e-mail:
service@essentiel-antwerp.com:
— Herewith I/we (*) revoke the agreement concluded with me/us (*) regarding the purchase
of the following goods (*)/ the provision of the following services (*)
— Ordered on (*)/received on (*)
— name of the consumer(s)
— address of the consumer(s)
— signature(s) of the consumer(s) (only in case of notification on paper)
— date
________
(*) Delete as applicable.
8.2 — RIGHT OF RETURN
Between the fifteenth (15th) and the thirtieth (30th) day from the receipt of the Products ordered, the Customer can still return the Products to Kadine, with indication of the reason of return. For the avoidance of doubt, this return right shall not limit the revocation right or any warranty claims under applicable law.
The Customer will inform Kadine of its decision to return the Products by sending an email to
service@essentiel-antwerp.com or via ‘My Account’ – ‘My Orders’ – ‘View Order’ on the Sites.
The Customer shall return the Product to Kadine without undue delay but at the latest fourteen (14) days after s/he gave notice to Kadine to return the product.
The Customer must return the Products in a new and unused condition, with all the original labels on and upon her/his costs.
In case the aforementioned conditions are fulfilled and Kadine has received the Products, Kadine will refund the Customer the full purchase price, excluding the transportation costs.
The full purchase price (excluding transportation costs) will be refunded within 14 calendar days of Kadine receiving the returned Products 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.
For this refund Kadine will use the same means of payment as the Customer used for the original transaction unless expressly agreed otherwise and in no event will the Customer be charged for this refund less 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.
The Customer shall be liable for any loss in value of the Products if such loss in value is due to having used the Products to an extent more than necessary to establish the nature, characteristics and the functioning of the Products.
Returns can only be accepted in the way described above, and returns to our physical stores will not be accepted. Returns must be sent to the address below:
Bleckmann Returns Dept BL
Courtensstraat 1
8791 Beveren-Leie
Belgium
It is not possible to exchange Products. If the Customer wishes to have another Product instead of the initial order, the Customer can invoke the return right as described above and subsequently place a new order for the desired Product.