General Terms and Conditions
Within the framework of the sale at distance (without the simultaneous physical presence of the parties), according to the Law of April, 6th 2010 of the Law of Commercial Practices, the Customer has the right to exert his right of retraction without having to pay penalties, except for the costs of returning the goods, within a period of 14 days, starting as from the day of reception of the goods by the Customer.
I. Preamble
This site is operated by Michiel Caron, whose head office is located at Tybaertstraat 16, 8900 Ieper, Belgium, and has been registered with the Belgian Register of Commerce (KBO) under number 0770404781. VAT number = BE0770404781 (“Seller”).
Contact information:
+32.477592149
Tybaertstraat 16, 8900 Ieper, Belgium
II. Field of Implementation
The present general conditions of sale apply to all the orders placed at www.kalm.design. Consequently, the fact for any person ordering a product offered on sale on www.kalm.design implies full and complete acceptance of these general conditions of sale that the Customer recognizes having been aware of before his order.
Michiel Caron reserves the right to modify at any moment the present general sales conditions. Nevertheless, the General Sales Conditions applicable to the order placed by a Customer on www.kalm.design are those accepted by the Customer at the time of placing the order. By validating his/her order on the website the customer acknowledges having read and accepted present conditions without reserve, and renounces to take advantage of his/hers. No dispensation of these General Conditions is allowed without prior written confirmation.
III. Offers and acceptance of the order
All our offers are without engagement. We are only committed by an order in case that order has been confirmed by email or after we started with the execution of that order. The information about the products and the prices, the detailed order information, are made and communicated with the restriction of changes.
IV. Delivery
www.kalm.design sells from Belgium, to all countries in the world. Wrong or not existing delivery addresses are the responsibility of the Buyer and can result in extra costs. For delivery in a specific country, the Customer can contact kalm.design to have more information on delivery conditions.
The given delivery times at www.kalm.design are not binding, and are used as an indication. Orders placed online via the www.kalm.design site are dealt with after the ending of an online sale. The delivery of the products depends on the country you live in. However, products will always be shipped within 6 working days.
None delay in delivery can result in a breach of contract of the purchase or payment of claims in the advantage of the Buyer, unless in case of deliberately delay.
Michiel Caron cannot be held responsible should an event of force majeure occur, affecting production, availability, transport or delivery of the product.
Where incorrect prices are named on www.kalm.design due to technical errors and a purchase contract materialises on the basis of these incorrect prices, Michiel Caorn is entitled to challenge the purchase contract even after having confirmed the order by e-mail, in which case payments already made by the customer are promptly refunded.
In case of non-delivery of the goods, the potential costs paid by the Buyer are paid back without any interest or other compensation.
In case of non-availability of the product, Michiel Caron will inform the customer by email. If it happens that initial delivery times cannot be met, a new delivery time will then be communicated to the Customer, according to the information available to Michiel Caron. In this case, an option for the cancellation of the order, with a refund or a credit, will be also made to the Customer.
Michiel Caron has the right to do partial deliveries.
In the case of an order which may comprise one or more products not immediately available and one or more products immediately available, Michiel Caron will dispatch the order as of reception of the whole of the products which comprise the order.
If the Customer wishes to receive the products immediately available more quickly, he is advised to isolate these articles in a separate order and to pay twice the delivery charges.
An email is automatically sent to the Customer at the time of dispatch of the Products subject to the email address indicated in the inscription form not containing an error.
Transport times depend on the place of delivery.
Michiel Caron informs Customers of the delivery times on a purely indicative basis, as given by the chosen transporter.
Transport charges are confirmed at the check out, before the final confirmation of the order. Transport charges will depend on the destination of delivery chosen as well as on weight and measurements
The products are packaged so as to respect the standards of transport in force, and to ensure an optimal protection of the products during their delivery. It is requested from the Customer to respect these same standards in the case of a product being returned because of after-sales service or for reasons of suitability. Any damage noted to a product arising from the product not being repackaged properly may lead to an only partial refund, or no refund in the event of the impossibility of resale in its state or in the event of a technical problem indicated having been worsened.
V. Price
Prices indicated for each product are in Euro. Delivery is only possible to the countries mentioned in the conditions of sale.
For customers in the European Union, the VAT applicable in your country is included in the price. For customers from outside the European Union, VAT and customs are not included in the indicated prices and will be borne by the customer.
The product’s retail price is the one indicated on the website when the order is placed. This price does not include processing and delivery costs. These costs are invoiced as supplements and are clearly indicated before final validation of the order. Any other costs inherent to placing an order, such as connection or communication costs will be borne by the customer.
The prices do not take account of delivery charges, gift wrapping, possible promotional offers and personal reductions, which will be indicated before the final confirmation of the order.
VII. Payment
The Customer can pay his order online by VISA, MASTERCARD, AMERICAN EXPRESS, CARTES BANCAIRES, CARTASI, BANK TRANSFER, PAYPAL, GIROPAY, iDEAL, BANCONTACT or APPLE PAY. The Customer guarantees Michiel Caron that he has the necessary authorization to use the mode of payment chosen by him, during the confirmation of the purchase order. The debit for purchases on the customer’s account is done at the time of the processing of the order.
Any fraudulent use of a method of payment will in no way involve the responsibility of Michiel Caron, who will initiate legal proceedings against the fraudulent user. Michiel Caron company reserves the right to suspend the processing and delivery in the case of a payment authorization by bank card being refused by officially accredited organizations or in the case of non-payment. Michiel Caron company notably reserves the right to refuse to process and deliver an order placed by a client who has not paid in total a previous order, or with whom a dispute over payment has still not been settled.
VII. Order and contract implementation
The order can only be placed online, and solely via the website www.kalm.design. The personal data and information provided by the customer when placing the order must be accurate. The click validating the order constitutes an irrevocable commitment on his/her part. Every order falls under the present General Conditions and only becomes contractual once an email has been sent, confirming the validation of the order by Michiel Caron, after acceptance of payment.
The product illustrations on the website are not part of the contractual field. Any change of packing, packaging and/or display of the product in general will in no way involve the responsibility of Michiel Caron.
VIII. Transfer of ownership
Michiel Caron remains owner of the Products delivered until their complete payment by the Customer. The provisions above do not prevent the transfer to the Customer of the risks of loss or deterioration of the Products during delivery as well as of the damage which they could cause.
The transfer of ownership of the ordered product will take place as soon as the contract has been concluded, i.e. as soon as confirmation of the order’s validation has been sent, after acceptance of payment.
IX. Cancellation clause
Within the framework of the sale at distance (without the simultaneous physical presence of the parties), according to the Law of April, 6th 2010 of the Law of Commercial Practices, the Customer has the right to exert his right of retraction without having to pay penalties, except for the costs of returning the goods, within a period of 14 days, starting as from the day of reception of the goods by the Customer.
The customer must notify his/her cancellation by contacting www.kalm.design by mail info@kalm.design mentioning the order number and the reason for return. www.kalm.design will then indicate to the customer the steps to follow.
In all cases, the return is carried out at the Customer’s own risk. It will be up to the customer to preserve any proof of return.
The returned products must be intact, in a perfect state for resale, and in original packing. They cannot have been used or to have suffered even minimum deterioration, and in a state of perfect cleanliness. Any product which is damaged, incomplete, or whose original packing is deteriorated, will be neither refunded nor exchanged. This right of retraction is exerted without penalty, except for the transport charges which remain at the cost of the Customer.
In the event of having exercised the right of retraction, the Customer will receive, upon reception of your return parcel and the validation by our services, receive a confirmation email of your item having been returned. Next www.kalm.design will transfer the money back within a period of 7 days.
All the products on the site can be returned, except those marked to the contrary. In any case, the right to cancel does not apply for products which have a personal character, have been made according the specifications of the Customer of any product that is being made for the customer.
X. Complaints
Michiel Caron reminds customers that it is the responsibility of the Customer to inspect his parcels upon reception in the presence of the deliveryman and to notify the transporter as well as www.kalm.design of any anomaly (bumps, damage to the parcel, …) within two working days after the delivery of the goods.
In the absence of noting such points, the product is considered to be accepted by the Customer and cannot be the subject of any dispute concerning its delivery. No complaint related to the state of the parcel can be accepted a posteriori by Michiel Caron.
All complaints or requests for information must be directed info@kalm.design , so Michiel Caron company can take the necessary measures as quickly as possible.
XI. Guarantees
In accordance with the Civil Code, the present provisions cannot deprive the Customer of the legal guarantee which obliges the professional seller to guarantee him against all consequences of the hidden defects of the item being sold.
Michiel Caron cannot be held responsible in the event of the non-respect of legislation in the country where products are delivered. It is the responsibility of the Customer to check with local authorities the legality of importing and using the products and services being ordered.
Michiel Caron is not responsible for loss of profit and the legal responsibility is always limited to the amount of the purchase of the Buyer.
XII. Force Majeur
Neither of the two parties will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by circumstances beyond their control.
Force majeure, as well as what is defined by the tribunals of the Belgian courts, will be considered to include the following: all-out strikes or partial ones, external or within the company, a blockage of supplies or transport for whatever reason, legal or governmental restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning, – breakdown of telecommunications or network works not under control of the Customer.
Force majeure or circumstances beyond control will be regarded as that which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties, and which could not be prevented by them, despite all reasonably possible efforts.
XIII. Entirety of conditions
A change of legislation, regulation or a decision of the court rendering invalid one or more clauses of these general sales conditions will not affect the general validity of these Conditions. Such a change cannot in any way make it possible for the Customer not to observe these general sales conditions.
If a condition is not explicitly mentioned, it will be regarded as conforming to usage in the sector of mail order sales by companies based in Belgium.
Relations between Michiel Caron and the Customer are controlled exclusively by the present conditions at the exclusion of any other condition appearing on the www.kalm.design site.
XIV. Applicable legislation and area of jurisdiction
All agreements of Michiel Caron with the Customer are controlled by The Belgian Law. The Belgian Courts are exclusively competent. Belgian law is the only law applicable in case of litigation and if no amicable agreement can be reached. Only the Law Courts of Ghent have legal competence, regardless of the place of delivery and/or residence of the customer.