Terms & conditions
1.1 Kern02 current general terms and conditions of sale (hereafter the "General Terms and Conditions") apply to all quotations, orders and all sales agreements concluded between Kern02 (hereafter the "Seller") and the buyer via the website www.various-kinds.com ( hereinafter "the Website") and take precedence over the purchase conditions of the buyer, even if they determine that they have priority over the General Conditions.
1.2 Each order counts as acceptance by the buyer of the General Terms and Conditions, which form an integral part of the agreement between the Seller and the buyer, to the exclusion of all other general or special conditions from the buyer.
1.3 Deviations from the General Terms and Conditions are only valid, subject to written and prior agreement of the Seller.
1.4 The Seller reserves the right, if necessary, to change the current General Terms and Conditions without informing the buyer personally and without the latter being able to claim any compensation for this. The buyer himself will regularly consult the General Terms and Conditions and any changes thereto on the Website. The renewed use of the Website or the services of the Seller implies the buyer's acceptance of the changes to the current General Terms and Conditions.
2. QUOTATIONS AND ORDERS
2.1 Weights, dimensions, materials, prices and other information stated on the Website are only indicative and therefore not binding.
2.2 The Seller's offers are not binding.
2.3 A sales agreement has only become definitive when the Seller has accepted the order in writing or at the start of execution by the Seller.
2.4 The information concerning the products and the pricing, as well as the detailed order information, have been prepared and communicated subject to change and correction.
3.1 Delivery will only take place subject to full payment of the amount stated in the order confirmation.
3.2 Goods are only delivered in the Benelux, at the address specified by the buyer in the order.
Incorrectly stated delivery addresses in the order are the responsibility of the buyer and may give rise to additional costs.
3.3 The delivery will take place as far as possible within the period stated in the individual order confirmation.
The stated delivery times are purely indicative and therefore not binding. No delay in the delivery can lead to termination of the purchase agreement or payment of any compensation to the buyer, except in case of deliberate delay.
3.4 The Seller has the right to make partial deliveries.
3.5 In the event of non-delivery of the goods, any sums paid by the buyer will be refunded without interest or other compensation.
3.6 The goods are shipped at the risk of the buyer.
In order to be valid, complaints relating to a non-conforming delivery or a hidden defect must be made within eight (8) days of delivery, or the discovery of the hidden defect or the moment at which such discovery could reasonably have taken place, per send registered letter to the Seller.
5. GUARANTEE AND LIABILITY
5.1 In principle, the products supplied by the Seller are the guarantee as determined by the manufacturer of the relevant product. Consumer buyers are entitled to the rights as set out in articles 1649bis t.e.m. 1649octies of the Civil Code are included.
5.2 The Seller is only liable for damage resulting from intent or gross error. The seller is not liable for general or special indirect damage, of whatever nature, suffered by the buyer.
5.3 If the Seller for whatever reason is obliged to compensate any damage to a buyer who is not a consumer-buyer, this compensation shall never exceed an amount equal to the invoice value in relation to the product or service as a result of which the damage was caused .
5.4 Without prejudice to the provisions of this article, there can be no guarantee in the following cases:
if the wear can be considered normal
if changes have been made to the product, including repairs that have not been made with the permission of the Seller or the manufacturer;
if the original invoice can not be submitted, changed or made illegible;
if defects are the result of non-destination or improper use;
if damage is caused by intent, gross negligence or negligent maintenance.
6. DISPOSAL LAW
6.1 The consumer-buyer has the right to inform the Seller that he renounces the purchase, without payment of a fine and without giving any reason within 14 calendar days from the day following the delivery of the product.
6.2 The right of renunciation is excluded if the product and packaging are no longer in original, complete, undamaged and unused condition.
6.3 In case he exercises his right of renunciation, the buyer is obliged to return the received product to the Seller in the same condition as the delivery within fourteen (14) calendar days after the delivery, in the state in which the buyer received the product, stating his bank account number, on which the Seller will make repayment of the amount paid by the Buyer within fourteen (14) days after receipt of the return shipment. All accompanying documentation, warranty certificates and packaging materials must be enclosed with the return shipment. The return shipment takes place at the expense and risk of the buyer.
6.4 If the product has not been received in accordance with the conditions of the right of withdrawal, the purchase price will not be refunded. The product remains the property of the buyer who is obliged to collect his property within two weeks. At the request of the buyer, the product can also be delivered.
7.1 The prices are inclusive of VAT, Recupel, BEBAT and Reprobel and will in no case and under any circumstances be the subject of any discount, except in writing and express agreement of the Seller.
7.2 Unless stipulated otherwise, the prices do not include the transport and the delivery of the goods to the buyer. The costs of transport and delivery are mentioned separately.
8.1 Orders via the Website can be paid by bank transfer
8.2 The payment of the goods is a condition precedent of the purchase.
If, if the buyer chooses payment by bank transfer, the Seller does not receive the full payment of the amount stated in the order confirmation within seven (7) days from the order confirmation, the purchase is regarded as non-existent.
In that case no delivery will take place, not even a partial one, and the possibly transferred amount in favor of the Seller will be repaid by the latter within ten (10) days.
9. OWNERSHIP RESERVATION
The delivered goods remain the property of the Seller until the full payment of the price, including all costs and charges, default interest and fees.
10. FORCE MAJEURE
10.1 The Seller is relieved of any liability in case of force majeure, including but not limited to war, national or international conflicts, cessation of all or part of the Seller's staff, of usual carriers, any late delivery by his subcontractors, mobilization, lock-out, riots, lack of transport equipment, means of production, raw materials, and semi-finished products, barriers in the payment system and fire and all other circumstances that result in the fulfillment of the agreement by the Seller can not reasonably be required, including acts or omissions by the buyer and indifferent or above-mentioned circumstances occur in Belgium or in the country of origin of the products to be delivered.
10.2 In the event of force majeure, the execution of the agreement will be suspended for the duration of the force majeure without the buyer being entitled to claim any compensation or the dissolution of the agreement from the Seller.
11. PERSONAL DATA
11.1 By placing an order the buyer expressly gives permission to the
Seller for the processing of his / her personal data.
All personal data is intended for the internal use of the Seller, for example
the administration of his customer base.
11.2 In accordance with the law of 8 December 1992 for the protection of privacy with regard to the processing of personal data, the buyer has the right at all times to view, change and delete this data if he / she no longer has information wishes to receive information about the activities of the buyer. The buyer who wishes to make use of this right can contact Kern02, Oostmalsesteenweg 167, B-2310 Rijkevorsel, with clear indication of his / her details.
Should one of the clauses of these General Terms and Conditions be declared null and void, this void will not affect the validity of the other clauses and the Seller and the Buyer will endeavor to negotiate immediately and in good faith a valid clause with the same economic effect.
13. APPLICABLE LAW - COMPETENT COURT
13.1 The General Terms and Conditions and any agreement to which the General Terms and Conditions apply are governed by Belgian law.
13.2 The courts of the place of the registered office of the Seller are exclusively authorized to take cognizance of any dispute with regard to the validity, application, interpretation and implementation of the General Terms and Conditions and with regard to the formation, validity, the interpretation and execution of each agreement to which the General Terms and Conditions apply.
14. ADDRESS DETAILS
Various kinds is a part of Kern02 bvba
VAT BE 0815.849.083