Terms and conditions of use of K-Way BE
Preamble
These General Terms and Conditions of Sale (hereinafter the "General 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 "Consumer" or "User") wishing to make a purchase on the www.k-way.be website (hereinafter the "Site"). The Seller and the Consumer are hereinafter together referred to as the "Parties".
The Parties agree that the present General Terms and Conditions of Sale exclusively govern their relationship. The Vendor reserves the right to modify the General Terms and Conditions from time to time. They will be applicable as soon as they are put online.
01 - Object
The purpose of the General Terms and Conditions is to define the terms and conditions of sale between the Vendor and the Consumer, from the placing of the order through to after-sales services, payment and delivery.
The General Conditions apply, without restriction or reservation, to all products and/or services offered for sale on the Site.
The fact that the Consumer places an order on the Site implies full acceptance of these General Terms and Conditions of Sale. They are accessible at all times on the Site and will prevail, where applicable, over any other version and over the Consumer's own general conditions of purchase or others.
02 - Products
The products governed by the present Terms and Conditions are those which appear on the Website and which are indicated as sold and dispatched by the Vendor (hereinafter referred to as the "Products"). They are offered while stocks last.
The Products are described and presented as accurately as possible. However, the Vendor cannot be held liable for any errors or omissions in this presentation.
The photographs of the Products are not contractual.
03 - Transfer of ownership
Notwithstanding article 1583 of the French Civil Code, goods sold, delivered or installed remain the exclusive property of the Vendor until invoices have been paid in full. Notwithstanding this reservation of ownership, all risks of loss and damage relating to the goods concerned are transferred to the Consumer as soon as possession is taken.
04 - Prices
Product prices are quoted in Euros, inclusive of all taxes. They include VAT and any reductions applicable on the date of the order.
Prices are subject to visible errors. In the event of an erroneous or obviously derisory price being displayed, for whatever reason (computer bug, manual error, technical error), the order - even if validated - will be cancelled, and we will inform you of this as soon as possible. You will then be able, if you wish, to place your order again at the correct price.
Product prices do not include delivery charges (postage, packaging and preparation of the parcel according to the amounts in force). The amount of delivery charges will be specified on the order form before the order is validated.
If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the Products on the Website and on the various sales media.
However, a price cannot be modified once the Consumer's order has been validated.
05 - Ordering
5.1 Prior identification of the Consumer
To place an order, the Consumer must identify him/herself with his/her email address or customer number and password. For all first orders, the Consumer must follow an account creation procedure indicated on the Website.
If the Consumer loses or forgets his password, he can request it again by going to his customer account and clicking on "I've forgotten my password". The password will then be sent to the e-mail address given at the time of registration.
5.2 Order registration and validation
Once the basket has been validated (via the order confirmation button marked "order with payment obligation"), the Consumer must accept these General Terms and Conditions, choose the delivery address and method, and finally validate the payment method, this last step formalizing the sales contract between the Vendor and the Consumer. Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below (article 8).
The Vendor will acknowledge receipt of the order as soon as it has been validated by sending an e-mail.
In certain cases, notably non-payment, incorrect address or other problem with the Consumer's account, the Vendor reserves the right to block the Consumer's order until the problem has been resolved.
If a Product ordered is unavailable, the Consumer will be informed by e-mail.
The cancellation of the order for this Product and its possible reimbursement (only Products available at the time of the order may be subject to a deduction, as opposed to deferred products), will then be carried out, with the remainder of the order remaining firm and definitive.
06 - Payment terms
Payment can be made via Bancontact, bank transfer, Visa or Mastercard.
The Consumer must pay for all purchases at the time of ordering, to the bank details indicated in the order confirmation email.
The Consumer's account will only be debited when the available Products are dispatched.
In the event of Products being sold out or unavailable, only the amount of the Products actually sent will be debited.
07 - Delivery
This service time is not guaranteed during certain busy periods, such as sales periods.
"At home" in 48 to 96 hours, under the following conditions:
Delivery to the Consumer's home or to any other address indicated by the Consumer.
The delivery time is taken into account as from the delivery of the parcel containing the Products to Jennesco (Chaussèe de Liège 82, 4710 Lontzen).
In the case of deliveries to certain territories (islands, DOM-TOM), the customer will be billed for additional shipping costs.
In exceptional circumstances, the Seller reserves the right to cancel the delivery. You will then be refunded.
08 - Right of withdrawal and exchange
8.1. RIGHT OF WITHDRAWAL (ONLY FOR DELIVERIES WITHIN EUROPE)
This provision only applies to distance selling to consumers. It therefore does not apply to natural persons in the course of their commercial, industrial, craft or professional activities, or to legal entities.
All Products delivered in Europe are eligible for a refund, except those excluded by law and marked as such, for example Products that have been customized at the Consumer's request.
The Products must be intact, complete and packaged in their original packaging.
The Consumer has a right of withdrawal of fifteen (15) calendar days from the date of receipt or collection of the Products. The Consumer may return the Product to the Vendor by post. The cost of returning the Product via La Poste is borne by the Consumer (except in the case of a defective Product on receipt, or an error when the Product was sent; proof of this is the responsibility of the Consumer).
To exercise his right of withdrawal, the Consumer may use the withdrawal form available on the Site.
The Vendor will reimburse the Consumer, within 15 calendar days of receipt of the parcel or receipt of proof of its return, for the Products returned, subject to compliance with the above-mentioned conditions, as well as the basic "one-way" delivery costs of the latter if the Consumer returns the entire order (deliveries with supplements are reimbursed within the limit of the basic delivery costs).
The Consumer must return the product within 15 calendar days.
If the Consumer does not return the entire order and retains one or more of the Products ordered, the amount of the "one-way" delivery charges will be retained by the Vendor.
The refund will be made upon receipt of your bank details.
The Seller reserves the right to defer reimbursement until the goods have been recovered, or until the consumer has provided proof of shipment of the product.
8.2. Exchange and refund
The Consumer also has a period of fifteen (15) calendar days to request an exchange or refund. The Consumer will then not have to pay any delivery charges on the new exchanged order.
The Consumer may return the Product to the Seller by post.
As a reminder, the consumer is responsible for all return costs (shipping and customs charges).
Exchanges can only be made for the same model and color, subject to availability. If the desired size is no longer in stock, the exchange option is unfortunately not applicable, and a refund for the item will be issued.
09 - Signature and proof
In all cases, the online provision of the credit card number and the final validation of the order shall constitute proof of the completeness of said order in accordance with the provisions of the law of March 13, 2000 and shall constitute payment of the sums incurred by the seizure of the Products appearing on the order form.
This validation constitutes signature and express acceptance of all operations carried out on the Website.
However, in the event of fraudulent use of a bank card, the Consumer is invited to contact Customer Services by calling 00322679955.
The computerized registers, kept in the computer systems of the Seller and its partners under reasonable conditions of security, will be considered as proof of communications, orders and payments between the Parties.
Purchase orders and invoices are archived on a reliable and durable medium in such a way as to correspond to a faithful and durable copy in accordance with article 1348 of the French Civil Code.
10 - Responsibilities
The Vendor undertakes to describe the products sold on the Website as accurately as possible. However, the Vendor may not be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by French case law.
Similarly, the Vendor may not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses.
The risk of loss or damage to goods delivered following an online purchase is transferred to the Consumer only when the Consumer (or a third party designated by the Consumer) takes physical possession of the goods.
11 - Intellectual property
All elements of the Website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. Similarly, the trademarks, logos, designs and models featured on the Website are the exclusive property of Le Vendeur. Their disclosure shall in no way be construed as granting any license or right to use said trademarks and distinctive elements protected by copyright. They may not be used under penalty of infringement.
Accordingly, no material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.
However, it is possible to download a copy of the documents onto a computer for the Consumer's personal use and for non-commercial purposes only, provided that the Consumer does not modify the information contained therein and keeps all copyrights and other proprietary notices intact. Modification of these documents or their use for any other purpose constitutes an infringement of the Seller's intellectual property rights.
Consumers who have a personal website and who wish to place, for personal use, on their site a simple link referring directly to the home page of the Website, must request authorization from the Seller. Under no circumstances will this constitute an implicit affiliation agreement.
However, any hypertext link to the Website using the framing or in-line linking technique is strictly prohibited. In all cases, any link must be removed on simple request from the Vendor.
12 - Protection of personal data
The Site collects personal data relating to its Users, in particular in the cases described below. The data collected is that provided by the User him/herself when using these services, with the exception of the IP address, which is recorded:
contact: these data are stored in a database and inserted in an email, automatically sent to the Seller.By ticking the appropriate box, the User accepts that the Seller collects and processes his/her data;
creation of user account and order: this data is stored in a database. It is only used to send transactional e-mails. If the contact leads to a relationship with the Vendor, this data is kept for customer management purposes.By ticking the appropriate box when placing an order, the User agrees to receive advertising;
newsletter subscription form: This data is stored in a Mailchimp and SendInBlue database for 10 years. The User is invited to consult the Mailchimp and SendInBlue terms of use. By ticking the box provided for this purpose and thus expressly giving their consent to this end, the User accepts that the Vendor may send them newsletters (commercial offers). This data is kept until the User unsubscribes from the newsletter.To do so, the User can follow the link provided at the bottom of each newsletter;
cookies: these are files stored on the hard disk of the User's computer when he/she consults the Site. They are used to improve the User's browsing experience and the efficiency of the Site. The User may refuse their use at any time by configuring his/her Internet browser. The User is invited to consult the Site's "Confidentiality" tab for full information on this point.
The data collected are: surname, first name, gender, language, delivery postal address, billing postal address, additional postal address, delivery telephone number, billing telephone number, e-mail address and IP address.
In accordance with Belgian legislation and from May 25, 2018, with European Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the User, whose data is collected, has the right to consult his data, to request its modification and possibly its total or partial deletion. He has the right to data portability. Users may object to their data being processed. To do so, they may send a written request by post to the address: J. van Elewijckstraat 52, 1853 Strombeek-bever, Belgium, 003222679955 or by email to info[at]k-way.be.
Complaints in the event of non-compliance with the regulation may be addressed to the Belgian Commission for the Protection of Privacy (which will become the Data Protection Authority as of May 25, 2018), at the email address commission@privacycommission.be.
13 - Applicable law and jurisdiction
These General Terms and Conditions are governed by Belgian law. In the event of a dispute, the Belgian courts shall have jurisdiction.
The Website complies with Belgian legislation, and the Vendor does not under any circumstances give any guarantee of compliance with local legislation applicable to the Consumer when the latter accesses the Website from countries other than Belgium.
14. Legal warranty
A 2-year legal product warranty, provided it's a manufacturing problem and not due to misuse.
These General Terms and Conditions of Sale are applicable from 26.02.2023.