These General Terms and Conditions of Sale (hereinafter the “Terms and Conditions”) are entered into between S.A. Super 3 (BE0428294887, J. van Elewijckstraat 52, 1853 Strombeek-bever, Belgium, 003222679955) (hereinafter the “Seller”) and any non-trading natural person (hereinafter the “Customer”) wishing to make a purchase on the Website www.k-way.be (hereinafter the “Website”). The Seller and the Customer are hereinafter jointly referred to as the “Parties”.
The Parties agree that these Terms and Conditions exclusively govern their relationship. The Seller reserves the right to occasionally amend the Terms and Conditions. They shall be applicable as soon as they appear online.
01 - Subject
These Terms and Conditions serve to establish the terms of sale between the Seller and the Customer, from placing an order and after-sales, through to payment and delivery.
These Terms and Conditions apply, without restriction or reservation, to all of the products and/or services offered for sale on the Website.
Placing an order on the Website by the Customer implies full acceptance of these Terms and Conditions. These are accessible, at any time, on the Website and prevail, where present, over any other version and over the Customer’s own terms of purchase or other terms.
02 - Products
The products governed by these Terms and Conditions are those which appear on the Website and which are indicated as sold and shipped by the Seller (hereinafter the “Products”). The Products are available subject to stock availability.
The Products are described and presented as accurately as possible. However, if errors or omissions occur in this presentation, the Seller cannot be held liable therefor.
The photographs of the Products are non-contractual.
03 - Transfer of Ownership
By way of derogation from Article 1583 of the Civil Code, the goods sold, delivered or installed shall remain the exclusive property of the Seller until the invoices are fully paid. Notwithstanding this reservation of ownership, all risk of loss and damage relating to the goods in question shall be transferred to the Customer upon taking possession thereof.
04 - Prices
All Product prices are shown in euros inclusive of all taxes. They include VAT and any applicable discounts on the date of the order.
Prices shown are subject to visible errors. In the event of an incorrect price being displayed which is ridiculously low, whatever the reason (IT bug, manual error, technical error, etc.), the sale – even where confirmed – shall be cancelled, of which we will inform you as soon as possible. You shall then be able, if so desired, to re-order the item(s) at the corrected price.
Product prices do not include delivery charges (for freight, packaging, and preparation of the parcel), which shall be based on current amounts. The shipping charges will be specified on the order form before confirming the order.
If one or more taxes or fees, particularly environmental contributions, are created or subject to change – be it upwards or downwards –, this change will be reflected in the selling price of the Products shown on the Website and in the various sales aids.
However, a price cannot be changed once the Customer’s order has been confirmed.
05 - Order
5.1 Prior identification of the Customer
To place an order, the Customer must identify himself/herself with his/her email address or customer number and password. For the initial order, the Customer must create an account following the procedure indicated on the Website.
In the event of a lost or forgotten password, the Customer may request his/her credentials by logging into his/her account and clicking on “forgotten my password”. His/her password will then be sent to the email address provided at the time of registering.
5.2 Registration and order confirmation
Once the shopping basket has been confirmed (using the confirm order button marked “order with payment obligation”), the customer must accept these Terms and Conditions, choose the shipping address and method and, lastly, confirm the payment method. This last step shall formalise the sale agreement between the Seller and Customer. All orders imply acceptance of the prices and descriptions of the products available for sale. Any dispute in this regard shall be made in the context of a potential discussion and of the guarantees mentioned below (Article 8).
The Seller shall acknowledge receipt of the order, once it is confirmed, by sending an email.
In some cases, particularly in the event of a default of payment, incorrect address or another problem on the Customer’s account, the Seller shall reserve the right to block the Customer’s order until the problem is resolved.
In the event that a Product ordered is unavailable, the Customer shall be notified thereof by email.
The cancellation and eventual refund for this Product shall be made (only Products available at the time of ordering may be charged, as opposed to deferred revenue), with the rest of the order remaining final and intact.
06 - Payment Procedures
Payment may be made by Bancontact, bank transfer, Visa or MasterCard.
The Customer must make payment for all purchases in the order to the bank details provided in the order confirmation email.
The Customer shall only be charged when the available Products are shipped.
In the event that the Products are unavailable or out of stock, said charge shall be made only for the amount of the Products actually sent.
07 - Delivery
This period of service is not guaranteed for high-activity periods, such as sales periods.
“Home delivery” in 48 to 96 hours, based on the following conditions:
Delivery to the Customer’s home or another address provided by the latter.
The delivery time is considered to be from the time of delivering the package containing the Products to Jennesco (Chaussèe de Liège 82, 4710 Lontzen).
In certain exceptional circumstances, K-Way reserves the right to cancel the delivery. You will then be refunded.
Regarding specific territories (islands, French overseas departments and territories) additional shipping costs will be charged to he client.
08 - Right to Withdrawal and Exchange
8.1. RIGHT OF WITHDRAWAL (ONLY FOR DELIVERIES WITHIN EUROPE)
This provision only applies to distance selling to consumers. Therefore, this provision does not apply to any natural person as part of his/her trade, business, craft or profession, or to legal persons.
All Products shipped within Europe may be refunded, except those excluded by law and indicated as such, for example Products that have been customised on the Customer’s request.
Products must be intact, complete and in their original packaging.
The Customer has the right of withdrawal for a period of 15 calendar days from the date of receiving or collecting the Products. The Customer may return the Product to the Seller by post. The return shipping charges shall be paid by the Customer (except for Products which are defective upon receipt, or errors when sending of the Product; proof of which is incumbent upon the Seller).
To exercise the right to withdrawal, the Customer may use the withdrawal form available on the Website.
The Seller shall refund the Customer for the returned Products within 14 days from receiving the parcel or receiving the proof of return – subject to compliance with the above-mentioned conditions – as well as the basic “outward” shipping charges if the Customer returns the entire order (deliveries with additions are reimbursed not exceeding the base shipping charges).
The Customer must return the product within 14 days.
If the Customer does not return his/her entire order and keeps one or more of the Products ordered, the amount of the “outward” shipping costs shall be retained by the Seller.
The refund shall be made using the same payment method as the order being returned.
The Seller reserves the right to defer the refund until the goods have been recovered or until the Customer has supplied proof that the Product has been shipped.
The Customer also has a period of 15 days to request an exchange. The Customer will not then have to pay shipping costs on the new exchange order.
The Customer may return the Product to the Seller by post. To reiterate, the return shipping costs shall be the Customer’s responsibility.
09 - Signature and Proof
In any event, the online provision of a bank card number and the order’s final confirmation shall constitute proof of the entirety of said order in accordance with the provisions of the Law of 13 March 2000 and shall cause the sums incurred for the order to become due and payable.
Said confirmation shall be deemed equivalent to the signature and to express acceptance of all transactions performed on the Website.
However, in the case of fraudulent use of the bank card, the Customer is required, upon discovering such use, to contact Customer Service by calling 00322679955.
Records stored in the Seller’s computer systems under reasonable security conditions shall be considered as proof of the communications, orders and payments between the Parties.
Purchase orders and invoices shall be filed in a reliable and long-lasting manner in order to provide a true and long-lasting copy in compliance with Article 1348 of the Civil Code.
10 - Responsibilities
The Seller shall undertake to describe the Products sold on the Website as accurately as possible. However, the Seller shall not be held liable in the event where the breach of its obligations is due either to an unpredictable and insurmountable act of a third party, or to a case of force majeure as defined by French jurisprudence.
Similarly, the Seller shall not be held liable for any inconvenience or damage arising from the use of the internet, including a disruption of service, external intrusion, or computer viruses.
The risk of loss or damage to the goods delivered, following an online purchase, shall be transferred to the Customer when the latter (or a third party which he/she has appointed) takes physical possession of the goods.
11 - Intellectual Property
All elements of the Website – be they visual or audio – as well as the underlying technology, are protected by copyright, trademarks or patents. Similarly, the trademarks, logos and designs appearing on the Website are the exclusive property of K-Way. Their disclosure shall in no way be interpreted as the provision of a licence or right to use any of said trademarks or distinguishing elements protected by copyright. They can, therefore, not be used, subject to prosecution.
As such, none of the documents from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way whatsoever.
However, authorisation is given to download a copy of the documents onto a computer for the Customer’s personal use and only for non-commercial purposes, provided that the Customer does not modify the information contained therein and keeps all copyright and other proprietary notices intact. Modifying these documents or using them for any other purpose shall constitute an infringement of K-Way’s intellectual property rights.
Customers who have their own personal website and wish to place a direct link to our homepage on their website for personal use must request permission from the K-Way Company. In no case shall this be an implicit affiliation agreement.
However, any hypertext link to our Website or use of framing or in-line linking is strictly prohibited. In all cases, any link must be removed on K-Way’s request.
12 - Protection of personal data
The Website collects personal data about its Users, particularly in the cases described hereinafter. The collected data is that provided by the Users themselves when they use these services, except for IP address, which is recorded:
- contact: this data is stored in database and inserted in an e-mail, which is sent automatically to the Vendor. By ticking the appropriate box, the User accepts that K-Way collects and processes their data. By ticking the appropriate box during ordering, the User agrees to receive advertisements;
- creation of user account and ordering: this data is saved in a database. It is used solely for the direct sending of e-mails. If the contact leads to a relationship with K-Way, this data is saved for customer management purposes. By ticking the appropriate box during ordering, the User agrees to receive advertisements;
The information gathered is as follows: surname, first name, gender, language, delivery address, invoicing address, further mailing address information, telephone number for delivery and/or invoicing, e-mail addresses and IP addresses.
In compliance with Belgian legislation, and starting on 25 May 2018, with European regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the User has the right to consult their data, and to ask for changes, partial or total deletion or transfer of said data. They also have the right to data portability. The User may object to having their data processed by sending a written request by post to the following address: J. Van Elewijckstraat 52. 1853 Strombeek-Bever or by e-mail at info@K-Way.be.
Complaints in cases of non-compliance with the regulations may be submitted to the Belgian Privacy Commission (which, from 25 May 2018, shall be known as the Data Protection Authority) at the following e-mail address: firstname.lastname@example.org.
13 - Applicable Law and Judicial Powers
These Terms and Conditions are subject to Belgian law. The competent courts in the event of a dispute shall be the Belgian courts.
The Website complies with Belgian law; the Seller in no way guarantees it to be compliant with the local legislation applicable to the Customer if he/she accesses the Website from countries other than Belgium.
14. Legal guarantee
A legal guarantee of the products for a period of 2 years if however it is a problem of manufacture and not of misuse.
These Terms and Conditions of Sale shall apply from 26/02/2016