Terms of use
The e-commerce site https://www.essentiel-antwerp.com/uk (the “Site”) is the Site where KADINE UK Ltd, with its registered offices at 55 Baker Street, W1U 7EU London, United Kingdom, and company registration no. 08522156 and VAT number GB307262131 (referred to hereinafter as “Kadine”), sells clothing and accessories under the “Essentiel” or “Essentiel Antwerp” brand (the “Products”).
Internet users wishing to buy the Products are referred to as the “Customer” in these Terms of Use. Kadine and Customer hereinafter also individually referred to as a “Party” or together as the “Parties”.
The Customers can contact the Customer Service via the contact form available in the ‘Contact’ section of the Site or via the e-mail address service@essentiel-antwerp.com, if they experience any problems with the Site or their order.
ARTICLE 1 — SCOPE OF APPLICATION
The present Terms of Use govern the rights and obligations of the Parties arising out of the online sales of Products offered on the Site.
The sale of Products is carried out by Kadine, which act as the contracting party with the Customer.
These Terms of Use apply to all Products sold on the Site 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 Site 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 Site are those that appear on the Site 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 Site are described in good faith and conscientiously and as accurately as is possible. The photographs on the Site accompanying the Products are as accurate as possible but cannot ensure a perfect depiction of 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 Site 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 British pounds 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 costs will always be invoiced at the prices as stated in the order confirmation 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 Site 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, Klarna, Apple pay and PayPal. 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 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 its selection and wishes to validate the content of its shopping bag and confirm its 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 Policy and 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 Adyen, 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 selected and confirmed their order in.
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 selected country, indicated on the website.
For delivery times and details on the selected country, the Customer can consult the shipping information here.
Should the Customer nevertheless, in any way, organize a delivery outside of this selected country, 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 — DELAYS OUTSIDE KADINE'S CONTROL
If Kadine’s supply of the Product is delayed by an event outside its control, including events of force majeure such as disruption or suspension of transport, postal or communication services, flood, fire, accidents or failures inherent to network use, etc., Kadine will contact you as soon as possible to inform you and do what it can to reduce the delay.
Provided Kadine does so, it will not be liable for delays caused by such events and Kadine will not compensate you for the delay. However, if the delay is likely to be substantial, you can contact our Customer Service via the the contact form available in the ‘Contact’ section of the Site or by e-mail at service@essentiel-antwerp.com, to terminate the contract and receive a refund for any Products you have paid for but not received.
ARTICLE 9 — RIGHT TO CHANGE YOUR MIND
The Customer has thirty (30) days from the day of receipt of the Products ordered to exercise its right to change its mind, without the need to provide any reason.
The Customer will inform Kadine of its decision to cancel by sending a clear, unambiguous declaration by E-mail to: service@essentiel-antwerp.com. The Customer can use the model cancellation form attached in the Annex to these Terms, but the use of this form is, however, not mandatory. Kadine will acknowledge receipt upon notification from the Customer that they have changed their mind and wish to cancel.
The Customer shall return the Products to Kadine immediately and in any case, at the latest fourteen (14) days after having communicated the decision to cancel.
The Customer will return the item by filling in the return document included with the Products and sending the Products back to the address indicated on the included return label and as also set out below:
ESSENTIEL ANTWERP
27A Sloane Square
London, SW1W 8AB,
Great Britain
The Customer will keep proof of postage until the Products have reached Kadine.
The Customer must return the Products in a new and unused condition, with all the original labels on, and at his own expense. Kadine will provide a return label for returns. For certain countries, this return label will be pre-paid, and the return will consequently be free of charge. In both cases, the Customer shall use the provided return label, so that the tracking of the parcel can be ensured. If the provided label is not used, the Customer will bear the responsibility for the Products (including any damage or loss) until it reaches Kadine.
In case the aforementioned conditions are fulfilled and Kadine has received the Products, Kadine will refund the Customer the full sum of the order, including the purchase price and delivery costs received from the Customer (other than additional charges arising from the Customer’s choice of a different method of delivery than the least expensive common and generally acceptable kind of delivery offered by Kadine). In case of a partial return, the initial delivery costs will not be refunded to the Customer.
The full purchase price (including the least expensive common and generally acceptable kind of delivery costs) will be refunded within 14 calendar days of Kadine receiving the returned Products in good time or if earlier, the day on which the consumer supplies evidence of having sent the goods back. 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 gift cards 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 are accepted in accordance with the procedure described above; however, they can also be easily returned in person at any physical Essentiel Antwerp store.
If you choose to return your order by post, please send it to the address below:
ESSENTIEL ANTWERP
27A Sloane Square
London, SW1W 8AB,
Great Britain
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.
ARTICLE 10 — GIFT CARDS
Gift cards are sold both online on the Site and in the Essentiel Antwerp physical stores.
Gift cards by e-mail are only sold on the Site and delivered in an electronic form, to the specified email address. The Customer can also buy a physical gift card that will be sent by post to the designated address.
The following additional terms and conditions apply to gift cards:
- - Gift cards can be redeemed in any Essentiel Antwerp store within the United Kingdom and in the online stores;
- - Gift cards remain valid for 3 years;
- - Gift cards can be redeemed in part or in its entirety;
- - The Customer can freely determine the value of the gift card it will be buying, as long as the amount is between £20 and £5000;
Without prejudice to the Customer’s right of cancellation mentioned under article 8, gift cards as well as the Product purchased through a gift card 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 on the Site. After reviewing and confirming the order, the Customer shall enter the code stated on the gift card. Depending on when the gift card was issued, the date of issue (DDMMYY) or the pin code, stated on the gift card or in the gift card e-mail, should be filled in during the check-out process. Value amounts used for purchases are deducted from the gift card balance.
If the total order is less than the value of the gift card, the outstanding amount will remain available on the gift card.
If the total order exceeds the value of the gift card, the remaining balance must be paid through one of the available payment methods on the Site.
Gift cards by e-mail will be e-mailed to the recipient after processing the order once the payment has been confirmed. Kadine 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 Customer that the input of information (such as the e-mail address of the recipient) is correct and double-checked.
Kadine is not responsible if a gift card is stolen, resold, destroyed, lost or used without the Customer’s permission.
ARTICLE 11 — STATUTORY RIGHTS - WHERE THERE IS SOMETHING WRONG WITH THE PRODUCT
Nothing in these Terms affects the Customer’s statutory rights under applicable law, including the Consumer Rights Act 2015.
The Customer is entitled to remedies in respect of faulty or non-conforming goods. Kadine honours its legal duty to provide the Customer with Products which are of satisfactory quality, fit for purpose and as described which meet all requirements imposed by law.
If the Customer thinks there is something wrong with the Product they must contact Customer Service via the contact form which can be found under the ‘Contact’ option on our Site or via the e-mail address service@essentiel-antwerp.com.
If a Product is faulty or not as described, the Customer may be entitled to exercise the short-term right to reject the Product within 30 days of delivery and receive a full refund. After this period, the Customer may up to 6 months after delivery request that Kadine repairs or replaces the Product. Kadine will carry out such repair or replacement within a reasonable time and without significant inconvenience to the Customer. Kadine may refuse the remedy chosen by the Customer if it is impossible or would result in disproportionate costs.
If the repair or replacement is not successful or cannot be provided, the Customer may be entitled to a price reduction or to exercise the final right to reject the Product and receive a refund, which may be subject to a deduction for use, in accordance with applicable law.
The right to terminate is excluded if the delivered Products deviate only insignificantly from the agreed quality or if the contractual or normal use of the Products is only insignificantly impaired.
Under no circumstances does these statutory rights apply to Products which are damaged intentionally or by the Customer's negligence, nor does it apply if the damage is due to normal wear and tear, transport or incorrect use.
Customers can contact Customer Service if they have any queries regarding the above.
ARTICLE 12 — SALES FOR PRIVATE PURPOSES
Providing the statutory rights under article 11 and customer support is important to Kadine.
Products sold on the Site are intended solely for private and domestic use. Any commercial use—including reselling, relabelling, bulk purchasing, or exporting Products for commercial resale—is prohibited. Kadine reserves the right to refuse or cancel orders where it reasonably believes the order is connected to commercial activity.
If a Customer breaches these restrictions, Kadine may carry out checks to verify compliance. Any costs incurred by Kadine as a result of such breach may be charged to the Customer.
ARTICLE 13 — INTELLECTUAL PROPERTY RIGHTS
For the purpose of this provision, “Intellectual Property Rights” means the Brand, and all rights in and to copyrights, trademarks, design, know-how and registered domain names, including, but not limited to the domain name “essentiel” or “essentielantwerp” or any translation and/or representation thereof or any related words, as well as all texts, databases containing data published on the Site, the layout, look and feel, and graphic design of the Site, the sales catalogue, photos, images, videos and music on the Site which are subject to protection under copyrights, database rights, trademark rights, patent rights or any other form of intellectual property right.
The Customer is aware of the existence of these Intellectual Property Rights and commits to respect at all times such Intellectual Property Rights.
Kadine is and remains at all times the exclusive owner of such Intellectual property Rights.
The Customer can therefore not copy, publish, imitate, exploit or use Kadine’s Intellectual Property Rights in any other way in any form whatsoever without Kadine's prior written consent. Such consent must be obtained in writing, unless Kadine has granted a right to share certain aspects of the Intellectual Property rights via social networks. In such case the grant of rights is limited to the specific elements of the Intellectual Property Rights identified by Kadine, to ways of use and social networks for which Kadine has made it possible to share them; in any case such grant of right is unexclusive only.
ARTICLE 14 — LIABILITY
Kadine does not guarantee that the Site will be secure or free from bugs or viruses.
The Customer is responsible for configuring their information technology, computer programs and platform to access the Site. The Customer should use their own virus protection software.
To the extent legally permitted, Kadine is not responsible for losses the Customer suffers caused by a breach of these Terms of Use by Kadine if the loss is:
- - Unexpected. It was not obvious that it would happen and nothing the Customer said to Kadine before Kadine accepted the Customer’s order meant Kadine should have expected it (so, in the law, the loss was unforeseeable).
- - Caused by a delaying event outside of Kadine’s control. As long as Kadine has taken the steps set out in the section 8 dealing with delays, Kadine is not responsible for delays outside its control.
- - Avoidable. Something the Customer could have avoided by taking reasonable action.
ARTICLE 15 — GOVERNING LAW AND JURISDICTION
Should any disputes arise between the Parties concerning the purchase of Products under these Terms of Use, the courts of England and Wales shall have exclusive jurisdiction to hear the case.
These Terms of Use and any claim or dispute related thereto are exclusively governed by the laws of England and Wales.
ARTICLE 16 — CONTACT AND COMPLAINTS
Should they have any queries or complaints concerning their purchases, Customers can contact Kadine by filling out the contact form available in the ‘Contact’ section of the Site. Alternatively, the Customer can reach Customer Service directly at “service@essentiel-antwerp.com”. Kadine will revise the queries or complaints on working days from 9 a.m. to 5 p.m. and will make every effort to answer all questions within 24 hours.
ARTICLE 17 — PRIVACY & DATA PROTECTION
Customers can find more information about Kadine's privacy policy here. Details on how Kadine collects, uses, and processes any personal data provided by Customers are set out in this policy.
ARTICLE 18 — MISCELLANEOUS
Kadine may vary the present Terms of Use 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.
If Customers wish to have their account deleted, they can request so by contacting Customer Service at service@essentiel-antwerp.com, according to the Privacy Policy.
If one or more article(s) or paragraph(s) of the present Terms of Use are or become invalid or unenforceable in whole or in part this shall not affect the validity and enforceability of the remaining provisions.
MODEL CANCELLATION FORM
(If you want to cancel the contract, please fill out this form and send it to us.)
— To E-mail: service@essentiel-antwerp.com;
— I/We [*] hereby give notice that I/We cancel my/our [*]agreement regarding the purchase with order number [order°] of the following goods: [reference];
— Ordered on (*)/received on (*)
— Name of the Customer
— Address of the Customer
— Signature(s) of the consumer(s) (only in case of notification on paper)
— Date
(*) Delete as applicable.
