Terms of use
GENERAL INFORMATION
The e-commerce sites www.essentiel-antwerp.com (the “Sites”) are Sites where Kadine USA Inc., with its registered offices at 60 Broad Street Suite 3502 NY10004 USA, (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 Sites or via the e-mail address service.US@essentiel-antwerp.com, if they experience any problems with the Sites 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 Sites belonging to Kadine. 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. Customers may only purchase from this Site if they are resident in and cause delivery of the Products in the United States.
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. The Customer represents and warrants that she/he is buying products or services from the Site for its own personal or household use only, and not for resale or export.
Should one or more Products of an order not be available, Kadine agrees to inform the Customer as soon as possible by e-mail and, where applicable, state the estimated waiting period for the delivery of the Product. If the Product is definitively unavailable and no waiting period applies, 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 information given as to the Products states the main features of the products (colors, description, composition, size), and their price. The photographs on the Sites accompanying the Products are as faithful as possible but cannot ensure perfect similarity with any given Product. Kadine has no liability for any minor errors or differences in the descriptions or photographs of the Products, including slight variations in colours and dimensions. In particular, photographs cannot be a perfect depiction of the Product offered for sale, particularly regarding colors. Differences can notably result from the color quality of the photographs, the difficulty of showing on the screen the rendering of the materials or, without however being exhaustive, the technical adaptation. These differences cannot be interpreted as conformity faults and such faults or variations will not result in the cancellation of the sale. If there is an error or insignificant omission between the Product's features and its representation and/or its description no right of cancellation or return shall arise, except in cases covered by the right of revocation provided for in Article 8.
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 on the product page are expressed in dollars and include duties and administrative costs.
Product and service prices do not include shipping and handling, transport costs, insurance fees and sales taxes. Such taxes and charges will be calculated separately at checkout, added to the purchase price, and clearly itemized in the shopping card and in the order confirmation e-mail.
Any discount or coupon code 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 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 medium.
Products will remain Kadine's property until the Customer pays for the Product in full, i.e. until she/he pays the purchase price and all costs in full.
Kadine is not responsible for pricing, entry, typographical, or other errors in any offer by Kadine and it reserves the right to cancel any orders arising from such errors. In addition, and not in limitation of the foregoing, if orders are placed at erroneous or obviously derisory (very low) prices, they will be cancelled, even if they have been confirmed.
ARTICLE 5 — PAYMENT
Purchases can only be paid for online, by Visa, MasterCard, American Express, PayPal and via Apple Pay. 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 fulfil 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 colour and size he/she wishes to receive and then clicks on ‘Add to cart’. The said Products will be added to its shopping cart.
The Customer may freely modify the order as long as the Products are in the shopping cart. The price of the Products will be automatically displayed in the shopping cart.
Once the Customer has finished making its selection and wishes to validate the content of its shopping cart 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 its own initiative, she/he does so entirely at its 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
The Customer has thirty (30) days from the day of receipt of the Products ordered to exercise its right of return, without the need to provide any reason.
The Customer will inform Kadine of its decision to return by sending a clear, unambiguous declaration by E-mail to service.US@essentiel-antwerp.com.
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 return. 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. The Customer will keep proof of postage until the Products have reached Kadine.
The Customer must return the Products at his own expense, in a new and unused condition, in perfect state, with all original labels, protective or other materials in place, tags and stickers (if applicable) still attached, together with the original box or container and including all accessories and documents. 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 tracking of the parcel can be ensured.
If the provided label is not used, the Customer will bear sole responsibility for the returned Products (including any damage or loss) until they are received by Kadine. In such case, the Customer is advised to use a courier service offering tracking and insured services and to take out adequate insurance to cover the cost of the Products. In these circumstances, returned Products must be sent by post to the following address: ESSENTIEL ANTWERP, 74 Wooster Street, New York, New York 10012 USA.
All returns could be subject to strict quality control to ensure that the returned Products satisfy these requirements. If the Product does not meet such standards, the return and refund could be refused, or the Product devaluation will be deducted from the refund amount. 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 transportation costs (other than additional charges arising from the Customer’s choice of a different method of delivery than the least expensive type of standard delivery offered by Kadine). In case of a partial return, the initial transportation costs will not be refunded to the Customer.
The full purchase price (including the standard 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 are accepted in accordance with the procedure described above; however, they can also be easily returned in person at any regular physical Essentiel Antwerp store located in the United States. In this case, the return process will remain the same as for online returns and thus, the Customer will be refunded through the online process by means of its initial payment method.
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 9 — GIFT CARDS
Gift cards are sold both online on the Sites and in the Essentiel Antwerp physical stores.
Gift cards by e-mail are only sold on the Sites 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 using the currency applied on the gift card, and in the online stores;
- Gift cards remain valid for 9 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 revocation 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 Sites. After reviewing and confirming the order, the Customer shall enter the code stated on the gift card or in the gift card e-mail. 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 Sites.
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 10 — WARRANTY
In case of faulty or non-conforming goods, the Customer can contact Customer Service via the contact form which can be found under the ‘Contact’ option, or via the e-mail address service.US@essentiel-antwerp.com.
The Customer shall be entitled to the ninety (90) day warranty of conformity for goods (the “Warranty Period”), as described below.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY CAN ALSO BE FOUND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
WE WARRANT THAT DURING THE WARRANTY PERIOD AS SET FORTH IN ARTICLE 10, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
WE LIMITED THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTLY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH HEREIN. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
This limited warranty extends only to the original purchaser of Products from the Site. It does not extend to any subsequent or other owner or transferee of the Products.
This limited warranty covers during the Warranty Period defects in materials and workmanship in Products purchased from the Site.
This limited warranty does not cover any damages due to:
- Transportation;
- Storage;
- Improper use;
- Failure to follow the product care instructions;
- Unauthorized repair or alterations;
- Normal wear and tear;
- External causes such as accidents, abuse, or other actions or events beyond Kadine’s reasonable control.
The Warranty Period is not extended if Kadine repairs or replaces a warranted Product. Kadine may change the availability of this limited warranty at its discretion, but any changes will not be retroactive.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The dispute resolution procedure detailed in Article 14 is available to the Customer if the Customer believes that Kadine has not performed its obligations under this limited warranty or these Terms of Use.
Customers may contact Customer Service for any queries regarding the above.
ARTICLE 11 — SALES FOR PRIVATE PURPOSES
Providing the warranty under article 10 and customer support is important to Kadine.
Therefore, all acts that may negatively affect Customer service are forbidden, including i.e. relabeling the Products, exporting them outside the selected country for commercial purposes.
The sale of Products is for private purposes only, and exclusively reserved to private individuals.
In no case may the Sites be used by professional Customers, regardless of the method of the marketing of the Products. The Products are offered for sale only for the purchase of usual amounts placed by average customers.
Kadine reserves the right to suspend or even refuse to fulfill an order with a Customer if there is a prima facie indication that the order is placed by a professional Customer. The costs incurred by Kadine for the verification of compliance of prohibition of export for commercial purposes outside of the United States will be borne by the Customer in case of infringement.
ARTICLE 12 — 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 Sites, the layout, look and feel, and graphic design of the Sites, the sales catalogue, photos, images, videos and music on the Sites 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. Customer does not and will not have or acquire any ownership of these Intellectual Property Rights in or to the products or services made available through this Site, or of any Intellectual Property Rights relating to those products.
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 13 — LIABILITY
To the extent legally permitted, 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 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 general, neither the Customer nor Kadine will be liable for any special, indirect, consequential, ancillary, or punitive damages (including, without limitation, damages for loss of profits or loss of information).
The Customer agrees to defend, indemnify, and hold harmless Kadine and its directors, officers, employees, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by Kadine, directly or indirectly, with respect to or arising out of: (i) the Customer’s failure to comply with these Terms of Use ; (ii) the Customer’s breach of its obligations under these Terms of Use; and/or (iii) the Customer’s use of the rights granted hereunder, including, but not limited to, any claims made by any third parties.
The Customer is responsible for establishing such procedures as it deems appropriate to verify the accuracy of data transmitted hereunder (and Kadine will have no obligation to verify the accuracy of such data).
ARTICLE 14 — GOVERNING LAW AND JURISDICTION
These Terms of Use and any claim or dispute related thereto are exclusively governed by New York law.
YOU AND KADINE AND ITS AGENTS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 14. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitration shall be kept confidential and the existence of the proceeding and any element of it shall not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.
The Customer agrees to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR KADINE OR ITS AGENTS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced
If the Customer does not wish to be bound by this arbitration clause, the Customer may opt out by providing written notice to Kadine within 30 days of receipt of the Products ordered, in accordance with Article 8 of these Terms of Use. Failure to opt-out within this time frame, shall result in the Customer being bound by the terms of this arbitration clause.
This Article 14 of these Terms of Use will survive the termination of the Contract and your relationship with Kadine otherwise.
ARTICLE 15 — CONTACT AND COMPLAINTS
For queries or complaints concerning their purchases, Customers can contact Kadine by filling out the contact form available in the ‘Contact’ section of the Sites. Alternatively, the Customer can reach Customer Service directly at service.US@essentiel-antwerp.com. Kadine will revise the queries or complaints on working days. and will make every effort to answer all questions within 48 hours.
ARTICLE 16 — SEVERABILITY CLAUSE
If any provision or part of this agreement is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of the remaining provisions or parts of this agreement, which shall remain in full force and effect. The parties shall make a good faith effort to replace any invalid, illegal, or unenforceable provision or part with a valid, legal, and enforceable provision that achieves, to the extent possible, the original economic, business, and other purposes of the invalid, illegal, or unenforceable provision or part.
This clause is intended to ensure that if any part of the agreement is deemed unenforceable or invalid by a court or other competent authority, the rest of the agreement will remain valid and enforceable.
Should any provision of these Terms of Use conflict, abridge or modify any applicable federal, state or local law the applicable, law, rule or regulation shall be deemed to apply and the terms hereof amended accordingly. In addition, see attached state specific laws for California and New York.
ARTICLE 17 — 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.US@essentiel-antwerp.com, according to the Privacy Policy.
The failure by Kadine to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Kadine.
The order confirmation, these Terms of Use and the Privacy Policy shall be deemed the final and integrated agreement between the Customer and Kadine with respect to the matters contained in these Terms of Use.
Customers can also find out more about Kadine's privacy policy here.
CALIFORNIA-SPECIFIC PROVISIONS
California Consumer Privacy Act (CCPA) Compliance
California residents have specific rights regarding their personal information:
1. Right to Know: You have the right to request disclosure of the categories and specific pieces of personal information we collect, use, disclose, or sell.
2. Right to Delete: You may request deletion of personal information we have collected from you, subject to certain exceptions.
3. Right to Opt-Out: You have the right to opt-out of the sale of your personal information.
4. Non-Discrimination: We will not discriminate against you for exercising your CCPA rights by:
- - Denying goods or services
- - Charging different prices or rates
- -Providing different levels or quality of goods or services
- - Suggesting you will receive different pricing or quality
To exercise these rights, contact us at service.US@Essentiel-antwerp.com or (212) 388-9845.
California Unfair Competition Law (UCL) Notice
This agreement is subject to California's Unfair Competition Law. California's consumer protection laws include the Consumers Legal Remedies Act, which protects against false advertising, fraud, and unfair business practices.
Song-Beverly Consumer Warranty Act
In addition to our standard warranty terms:
• Express warranties cannot be disclaimed
• Implied warranties of merchantability and fitness cannot be disclaimed for consumer goods
• Any attempt to limit warranty duration is ineffective for consumer goods
Article X.1 - California Arbitration Modifications
Arbitration Opt-Out Rights
California residents may opt-out of mandatory arbitration by sending written notice to service.US@Essentiel-antwerp.com within 30 days of first purchase. The notice must include:
• Your name and address
• Order number or account information
• Clear statement of intent to opt-out of arbitration
Arbitration Fee Limitations
If arbitration proceeds, we will pay all arbitration fees for claims under $5,000. For claims above this amount, fees will be allocated according to applicable law and arbitration rules.
Class Action Waiver Notice
BY AGREEING TO ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. However, this waiver may not be enforceable under California law in certain circumstances.
NEW YORK-SPECIFIC PROVISIONS
Deceptive Practices Prohibition
We warrant that our business practices comply with New York General Business Law Section 349, which prohibits deceptive acts or practices in the conduct of business, trade, or commerce.
New York City Consumer Protection Law
For New York City residents: The New York City Consumer Protection Law forbids all "deceptive or unconscionable trade practices in the sale, lease, rental, or loan, or in the offering for sale, lease, rental, or loan of any consumer goods and services, or in the collection of consumer debts."
Pricing Transparency
In compliance with proposed New York legislation: We will notify you if product prices are personalized based on your data and provide clear disclosure of pricing methodologies.
Article XI.1 - New York Arbitration Provisions
Modified Arbitration Terms
Given New York's consumer protection framework:
1. Fee Shifting: We will advance all arbitration costs for consumer claims under $10,000
2. Venue: Arbitration will occur in New York State unless you request otherwise
3. Small Claims Exception: You retain the right to pursue claims in small claims court
4. Attorney Fees: Prevailing consumers may recover reasonable attorney fees
Class Action Rights
New York residents retain rights under applicable consumer protection laws that may limit class action waivers in certain circumstances.
