GENERAL TERMS AND CONDITIONS
The present general Terms and Conditions govern exclusively, unless agreed otherwise between the Parties, the relationship between the Customer (hereinafter the Customer) and the company KIDS DESIGN BVBA (hereinafter KIDS DESIGN), with its registered office at Oude Leeuwenrui 14, 2000 ANTWERP, BELGIUM with business registration number 0887 922 063 and VAT number BE 0887 922 063 (both hereinafter referred to as Parties), for orders via the www.kids-design.com website.
The current Terms and Conditions may be amended at any time on the initiative of KIDS DESIGN.
Prior to any transaction, the Customer declares having entirely reviewed and accepted the present Terms and Conditions.
By submitting an order, the Customer explicitly and unreservedly accepts the Terms and Conditions set out below:
1. PURCHASE AGREEMENT
1.1. The purchase Agreement entered by and between KIDS DESIGN and the Customer shall be considered completed and duly entered by the Parties at the time in which the order is duly submitted by the Customer - in accordance with the purchase procedure indicated on the website and after that KIDS DESIGN has received the authorization from the credit card issuer that the payment is accepted.
1.2. The order submitted by the Customer shall be binding for KIDS DESIGN only if the entire purchase procedure has been duly and correctly completed without any error or traced by the website. KIDS DESIGN is not responsible for any eventual errors caused by the technical malfunctioning of the Customer's internet connection service.
1.3. KIDS DESIGN reserves its right not to confirm the order for any reason whatsoever, in particular for any problem of procurement of the Product or any problem concerning the received order.
2. OFFERING AND PRODUCTS
2.1. The offerings of KIDS DESIGN are without any commitment on its part, unless stipulated otherwise in its price quotes.
2.2. Only completely and correctly completed information sheets will be dealt with and answered by KIDS DESIGN.
2.3. KIDS DESIGN reserves the right, unless a definitive contract is entered into, to make any changes whatever at any time, which are intended to bring about an improvement in the Product.
2.4. In particular, the illustrations and descriptions in brochures, price lists and catalogues are for information, and are not determinant for the execution of the productions, in particular with regard to the wood structure, shades of colour or product changes.
2.5. With regard to the special finish of an article, an offer must be requested separately from KIDS DESIGN.
2.6. Any order only becomes definitive on written confirmation of acceptance of the order by KIDS DESIGN.
2.7. Information related to products and prices, as well as the detailed order information, is compiled and distributed subject to changes and corrections.
2.8. All products available on the website www.kids-design.com are subject to availability at the time of the order.
The Customer will be informed if the Product requested is not available.
2.9. KIDS DESIGN reserves the right to vary at any time the quantity and/or the type of products that may be purchased on the website.
3.1. All prices on the website are stated in Euro.
3.2. For a delivery within the European Union, prices include any VAT and applicable taxes. The prices are not comprehensive of the shipping and delivery charges. Said costs will be indicated in the confirmation of the order.
3.3. For a delivery outside the EU, the Customer will have to pay for customs duties or VAT or any other taxes due to the import of the Product in the country of delivery. The Customer is also solely responsible for the formalities related thereto unless otherwise specified. The Customer is solely responsible for checking whether the Product ordered can be imported under domestic law in the country of delivery.
3.4. Any variation of the VAT applicable rate may affect the sale price of the products of the catalog.
3.5. The prices can vary at any time, especially in case of special offer, promotions or any other marketing efforts.
3.6. KIDS DESIGN uses its best endeavor to ensure that all pricing information on the website is accurate, but cannot guarantee the absolute absence of error. In the event that an error in the price of a product shall occur, KIDS DESIGN will allow the Customer the option to confirm the purchase of the Product at the correct price or to cancel the order. If KIDS DESIGN is unable to contact the Customer the order will be treated as cancelled.
4. ORDER and CONFIRMATION
4.1. The Customer acknowledges, at the time when the order is placed, that he has read the specific order Terms and Conditions shown on the screen with the description of the service or the product, the guide price, product characteristics, weight, quantity, colour, restriction of certain categories of products, probable delivery, and declares explicitly that he accepts these unreservedly.
4.2. KIDS DESIGN will send the Customer an e-mail confirming the receipt of the order placed.
The Customer shall immediately verify the content of the e-mail and shall immediately notify KIDS DESIGN of any error or mistake.
4.3. The Customer confirms on his honour that all data and questions have been completed and answered correctly, and that failure to complete the forms fully or omitting data or giving incorrect data and information entitles the vendor, KIDS DESIGN, to refuse the order and postpone or cancel delivery.
4.4. KIDS DESIGN reserves the right to refuse amendments to an order, or accept it subject to changes in the Terms and Conditions.
4.5. KIDS DESIGN reserves the right to refuse an order or impose additional conditions such as with large orders, exhaustion of stock, cessation of production of particular products, orders by minors, incomplete ordering procedures or problems with previous orders, as well as specific colours or versions requested by the Customer which are not usually saleable.
5.1. Any order is final and complete upon reception of the Customer’s funds.
5.2. KIDS DESIGN is entitled, if this is justified in its opinion, to suspend its delivery obligation until the Customer has met a request to this effect.
5.3. Any expenses incurred by KIDS DESIGN to uphold and exercise its rights, including expenses incurred due to non-payment or overdue payment, shall be borne by the Customer.
5.4. KIDS DESIGN has the right to terminate all or part of a contract with the Customer without any intervention by the courts, and/or demand compensation, and in the event of partial termination to suspend or restrict delivery to the Customer, if the Customer does not fulfill his payment obligations to KIDS DESIGN, or if the Customer is declared bankrupt, applies for judicial composition, is put into administration, applies for suspension of payments, or is accepted for a debt management arrangement.
5.5. The price is payable upon placement of the order. The Customer undertakes to pay the total price of the Product (price of the Product and shipping costs) as stipulated on the website and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of the Product in the country of delivery outside the European Union, directly to the forwarding or customs agent.
5.6. The Customer shall pay for his order by credit card.
When approving the order form, the Customer warrants KIDS DESIGN that he has all authority needed to use such a method of payment.
6. SHIPPING AND DELIVERY
6.1. The Product shall only be dispatched to the Customer after KIDS DESIGN has received all the correct data and information, and has received the payment in full.
6.2. The Product is delivered to the address indicated by the Customer in the order form. Delivery cannot be made to P.O. Boxes or BFPO addresses and these orders will not be processed.
6.3. All deliveries are made carriage-paid to the Customer. This implies that KIDS DESIGN undertakes to transport and deliver the purchased Product to the place of delivery indicated by the Customer (e.g. work address, home address, address of relatives or friends who are usually at home). Delivery shall be effectuated on the ground floor.
6.4. Unless otherwise stipulated, our prices do not include transport and delivery of the Product to the Customer. The costs for transport and delivery are indicated separately.
Shipping costs are at the Customer's charge, and depend on the weight and volume of the order, the delivery address and the transport company.
Shipping costs are indicated to the Customer before he confirms the order.
6.5. If the delivery fees shall vary after KIDS DESIGN has received an offer from the transport company, KIDS DESIGN reserves its right to ask the Customer to pay extra shipping charges. The Customer will have the choice to confirm or cancel his order. In case the Customer decides to cancel the order, KIDS DESIGN will reimburse the amount paid for the order until then.
6.6. Shipping costs can be temporarily paid by KIDS DESIGN in case of special offers, on some products or the entire product assortment.
6.7. The Customer is responsible for the persons who take delivery of the Product in his name and on his behalf, and sign for correct delivery of the Product and confirm compliance with the Terms and Conditions.
6.8. KIDS DESIGN undertakes, if necessary, to present the Product for delivery up to maximum three times.
6.9. In accordance with the present Contract and the Law on Commercial Practices, any total or partial loss and/or damage during transport of a product ordered is at the expense of KIDS DESIGN.
Any damage must be recorded at the time of receipt of the Product on the transport documents. Unless this is done, there can be no question of the Product being taken back or replaced. On signature of the delivery note, the Customer declares that he accepts the condition in which the Product is received and confirms his acceptance of the Terms and Conditions.
The risk of damage or destruction to the Product purchased is only transferred to the Customer once the Product has been delivered to the address of delivery of the Customer, and he has signed the delivery note.
6.10. Incorrectly transmitted delivery addresses are the responsibility of the Customer and may result in additional charges.
6.11. Unless agreed otherwise, the prices confirmed by KIDS DESIGN as well as the transport and delivery of the Product includes the transport and delivery of the Product to be Customer.
6.12. Products are only delivered in countries specified on the website. Products are delivered wherever possible within the timeframe indicated during the individual order confirmation.
For destinations not mentioned on the website, a separate price quote can be made upon request.
6.13. The stated delivery times are not binding but are merely provided as an indication. Delays in delivery do not constitute grounds for termination of the Agreement or for the payment of damages to the Customer, except in the case of deliberate delay or of delay exceeding 30 days after the order is placed, provided that the Product is immediately deliverable from stock.
If the product ordered is not available or is out of stock, KIDS DESIGN undertakes to inform the Customer as soon as possible and to indicate a replenishment time.
The Customer may, at its option, wait for the availability of the product or obtain a refund and shall inform KIDS DESIGN by e-mail.
6.14. The Customer accepts that the average delivery period of products that are not in stock is at least two to ten weeks.
6.15. If the Product in stock is not delivered within thirty days after placing the order and payment of the Product ordered, in principle the contract is dissolved by right, unless the non-delivery is the consequence of force majeure or insufficient stock, or delay in delivery from the manufacturer.
6.16. KIDS DESIGN reserves the right to carry out partial deliveries.
6.17. Delivery shall be deemed to have been made when the Product is delivered to the carrier.
The delivery note given by the carrier, dated and signed by the Customer upon delivery will constitute evidence with regard to transport and delivery.
The Customer shall check the content, the conformity and the condition of the Product on delivery thereof.
6.18. In the event of delays, damages, total or partial losses, or any problem whatsoever, the Customer shall be responsible for exercising all claims against the carrier. KIDS DESIGN shall never be held liable for any reason whatsoever.
Therefore the Customer undertakes to check the condition of the Product upon delivery and before signing the acknowledgement of receipt of the parcel.
If the Customer notes any damage he shall reject the Product or issue handwritten, precise and dated reservations. These reservations must be confirmed by registered letter with recorded receipt sent to the carrier within three (3) working days following the delivery date of the Product. A copy shall be sent to KIDS DESIGN.
6.19. In the event of the Customer's absence at the time of the delivery, the carrier will leave a delivery notice at the delivery address given by the Customer. The Product shall be presented up to maximum three times.
6.20. If after the maximum third presentation, the Customer has not taken delivery of the Product due to absence or refusal of receipt, the Product will be returned to KIDS DESIGN which reserves its right to refund to the Customer the price of the Product, the postage costs remaining payable by the Customer, as well as extra administration costs amounting to 5% of the value of the Product.
6.21. In the event of non-delivery by KIDS DESIGN, any amount paid by the Customer shall be reimbursed without interest or other compensation.
7. RETURN POLICY
7.1. In the framework of remote sales to Customers subject to the Law of 14 July 1991, the Customer has the right to inform KIDS DESIGN of his wish to cancel the purchase, without justification and without penalty within seven working days of delivery. In the event the Customer wishes to make recourse to this right, he is required to return the Product unopened, unused and undamaged in original condition and packaging at his own risk and expense within fifteen days of delivery to the registered office of KIDS DESIGN. Products specifically designed for the Customer cannot be accepted. In such cases, the Customer cannot make recourse to any right of renunciation.
7.2. In order to process a return you will first need to contact our Customer Service by e-mail, quoting your order number. Our Customer Service will then, upon approval of the return, provide you with an RMA number (Return Material Authorization) which needs to be included together with the original order number and a copy of the original invoice in the return shipment. Products which are returned by the Customer without prior notice or approval will not be accepted by KIDS DESIGN.
KIDS DESIGN will provide the Customer with the address where he shall return his order.
The Customer must enclose a copy of the invoice and an accompanying letter quoting the invoice number with the return Product.
7.3. KIDS DESIGN shall refund the Customer of the original purchase price of the Product within thirty (30) days after the return Product has been received complete, undamaged and unused. The delivery costs are not refundable. Refunds are generally made by bank transfer so the Customer may need to send his bank details per e-mail (including IBAN and BIC code).
7.4. KIDS DESIGN will not be held responsible for the refund or the compensation of those Products that have been lost, stolen or damaged by the Customer himself.
KIDS DESIGN shall only refund the Customer's shipping costs if the Customer did not receive the item that he ordered or if the Product was received in damaged condition by the Customer.
If the product is faulty, KIDS DESIGN will cover any reasonable return postage costs on presentation of a supporting document (cfr. Warranty).
7.5. If the Product has already been shipped and the Customer wishes to cancel the order, he will have to wait until the Product arrives, and then cancel the order in accordance with the paragraph mentioned above. Here too, KIDS DESIGN shall refund the original order amount to the Customer once the return Product has been received.
7.6. Claims related to the non conformity of the delivered Product with the order shall be made in writing directly to KIDS DESIGN and immediately upon receipt of said Product. The Customer must keep the packaging and the delivery note.
In case of an error, the Customer undertakes to return said Product within seven (7) days from its receipt provided that the product is returned to KIDS DESIGN, without opening the packaging, in its original condition and packaging, together with all the associated documents.
Once KIDS DESIGN has received the product in due form, it will, at its expenses, send the product initially ordered by the Customer.
8. TRANSFER OF RISKS
8.1. All delivered products remain the property of KIDS DESIGN until full and definitive payment, including all costs and taxes, interest and fees. In case of non-payment, KIDS DESIGN reserves its right to reclaim the ordered Product at the Customer's expense.
8.2. Risks of damage, theft, loss or destruction of the Product shall pass to the Customer once the Product has been delivered to him, or no later than the time of third presentation for delivery.
9.1. KIDS DESIGN warrants for a period of two years after delivery the materials and the construction except if any defect or damage is the consequence of incorrect use, lack of maintenance or due care, or negligence by the Customer.
In order to avoid any trouble, products are verified before their shipment. The statutory warranty against hidden defects shall be enforceable.
No warranty is given with regard to glass, textiles, leather, marble, varnish and cracks in the veneer. In the event of any defect under the preceding warranty clause, KIDS DESIGN is only bound, at its discretion, to repair or replace parts or the item concerned. KIDS DESIGN is not liable for other loss or damage which may have been incurred by the Customer. Any repair or replacement shall not have the effect of extending the warranty period. The parts replaced shall become the property of KIDS DESIGN once the replacement is made.
9.2. A Customer who wishes to claim against the warranty must notify KIDS DESIGN in writing within 48 hours of the discovery of a defect, upon which KIDS DESIGN's Customer service will explain the procedures and where to return the Product. The Customer shall return the product at its expenses with a copy of the original invoice.
A warranty claim may only be entertained if the order form and the confirmation of order are produced and only applies to products used, stored and maintained for their normal intended purpose with due care and attention, and according to the vendor's instructions.
KIDS DESIGN reserves the right to inspect the Product or even have them tested by third parties with regard to the warranty granted.
KIDS DESIGN undertakes to return an identical product at its expenses, except in case of stock out or a withdrawal of the concerned product from the range proposed by KIDS DESIGN. In this latter case, KIDS DESIGN will refund the Customer.
10.1. Notwithstanding the application of mandatory legal provisions on the subject, the Parties agree that KIDS DESIGN may only be held liable in the event of serious misdemeanour or deliberate action, and on condition that proof positive is provided of the causal connection between the serious misdemeanour or deliberate action and the prejudice sustained.
In the event of such liability, the Parties explicitly accept that KIDS DESIGN may only be held liable for prejudice which is the direct consequence of the proven serious misdemeanour or deliberate action, and for which the maximum amount shall be limited to the amount of the invoice paid by the Customer for the supplies concerned.
KIDS DESIGN shall not bear any liability whatever for any indirect loss, such as loss of income, redress by third parties and the like.
10.2. Any redress or liability of KIDS DESIGN shall lapse if the Customer makes changes to the Product supplied without prior written consent of KIDS DESIGN or if it is determined independently that the defects are not attributable to a fault by KIDS DESIGN.
11. FORCE MAJEURE
11.1. In the event of a freak event and/or force majeure, or in the event of insufficient stocks at the manufacturer, the delivery obligation of KIDS DESIGN shall be suspended, and it shall have the right to total or partial cancellation of the order or to postpone its performance without a notice period or compensation. The Customer must be informed of this in writing.
11.2. As a result of events outside its normal control, KIDS DESIGN cannot be held liable in any way whatever for non-fulfillment of its obligations, nor for any loss which the Customer may sustain as a consequence.
11.3. It is explicitly understood that are considered as cases of force majeure, in addition to those which are usually retained by the law:
total or partial impediment, limitation or cessation of business for whatever reason, mobilisation, war, hostilities, revolt, industrial dispute, lock-out, poor weather, conspiracy by employees, prevention of railway traffic or transport by other means of transport or shortage thereof, shipwreck, loss, damage or breakdown of means of transport and in general, circumstances that have a disruptive effect on regular production and delivery of the Product, interruption of transport facilities or of procurement for any reason whatsoever, legal or governmental restrictions, computer breakdown, interruption of telecommunications including communication networks and especially Internet, production interruptions, difficulties in acquiring or shortages of raw materials, work force, energy or transport or delays in transport, total or partial strikes, work interruptions or other collective labour disputes, whether or not they are directly related to KIDS DESIGN or one of its suppliers and this even in the event these events are foreseeable.
11.4. If after a three (3) months period, the Parties ascertain the continuance of said case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both Parties.
12. ERRORS AND MISTAKES
12.1. KIDS DESIGN uses its best endeavors in order to keep the information on the website constantly updated. However, it is not possible to guarantee the complete absence of errors on the website. The website might carry typing errors, inaccuracies some of which may refer to the price of the Product, to the product availability and/or to the details of the Product.
KIDS DESIGN reserves the right to amend the errors and inaccuracies also after that the order has been submitted and furthermore reserves the right to amend or modify the information on the website at any time without prior communication.
13.1. All Parties accept the validity of electronic proof in the framework of their business relationship (including e-mails, backups, etc.)
13.2. The "approval click" constitutes an electronic signature. Between the Parties, this electronic signature has the same legal value as a handwritten signature.
14. INTELLECTUAL PROPERTY
14.1. KIDS DESIGN owns the intellectual property right upon the website and the right to display the elements of the catalog, in particular the photographs for which it has obtained the necessary authorizations from the concerned parties.
Consequently, total or partial reproduction of the elements contained in the website or the catalog on any medium whatsoever, the use of such elements and the fact to make them available to third parties are strictly prohibited.
15. NON RENUNCIATION
15.1. Any one or more failure by KIDS DESIGN to enforce any provision of this Agreement or to exercise any right shall in no way constitute a waiver of such right or remedy on any future occasion.
16.1. Invalidity of any clause of these Terms and Conditions shall not affect the validity of the other Terms and Conditions, and shall not result in invalidation of the remaining clauses.
17.1. These Terms and Conditions of sale are governed exclusively by Belgian law, and the legal consequences deriving thereof.
Any disputes shall be submitted to the sole jurisdiction of the Belgian courts.
18. ENTIRE AGREEMENT
18.1. These Terms and Conditions represent all obligations of the Parties. No other general or special Terms and Conditions communicated by the Customer shall neither be included in, nor depart from these Terms and Conditions.
By placing an order on the website of KIDS DESIGN, the Customer explicitly authorises the processing and use of his personal data for purposes such as administration of the Customer database, administration of orders, deliveries and invoices, monitoring of solvency.
Processing for marketing purposes and customised advertising shall only occur if the Customer has explicitly given his consent to this during the order process.
KIDS DESIGN shall not communicate the data to third parties.
The Customer shall have the right to access and rectify any data relating to his. The Customer can exercise this right by sending KIDS DESIGN an e-mail.
The Customer shall be entitled at all times to object, free of charge, to processing for direct marketing purposes. For further information, the Customer is invited to refer to the public register maintained by the Commission for the Protection of Privacy in Brussels.