1. Scope of application.
These general terms and conditions (hereinafter: Conditions) apply to every commercial transaction between KawaJoy, a sole proprietorship (BE 0752.555.692) (hereinafter: Seller) and a natural or legal person (hereinafter: Customer).
These terms and conditions are essential for the Seller and take precedence over all other general terms and conditions, including those of the Customer. These conditions can only be deviated from by express writing and after mutual agreement between the Seller and the Customer.
The Seller reserves the right to change the general terms and conditions. The Customer can at any time and upon simple request request a copy of the general terms and conditions applicable at that time from the Seller, who will immediately provide them to the Customer.
2. Acceptance of the terms.
The Customer is deemed to know, understand and accept the terms and conditions from the moment of signing a quotation or placing an order.
3. Specifications and price quotes.
The price quotations drawn up by the Seller are always based on the then applicable conditions for wages, raw materials and services. If any changes occur in this regard during the term of the specifications or quotation, the Seller expressly reserves the right to adjust its prices and rates proportionately to these changed values.
By signing the order form or quotation, the Customer undertakes to purchase the goods and/or services stated therein.
The order forms and price quotes are only binding for the Seller after written confirmation, confirmation by e-mail or sending of the invoice.
4. The delivery period.
The period within which the Seller will deliver goods or services is provided for information purposes and does not bind the Seller. Possible delays in service or delivery do not entitle the Customer to compensation from the Seller, nor to termination of the agreement from the Seller. If the Customer wishes to make the execution or delivery period a result obligation on the part of the Seller, the parties must have a written agreement about this prior to the start of the collaboration, which has been signed by both parties.
The Seller undertakes to deliver within a reasonable period, depending on the specific requirements and cooperation of the Customer and on the concrete (external or otherwise) circumstances. In concrete terms, the Seller strives for the following delivery times for orders placed via the webshop:
- Within Belgium: the Seller expects to ship orders within 24 hours of receipt of payment and deliver them to the Customer the following working day.
- Outside Belgium: the Seller expects to ship orders within 24 hours of receipt of payment and to deliver them to the Customer within 1 to 10 working days afterwards.
5. The price.
The price quoted by the Seller includes the price for the goods, excluding VAT due.
The costs for shipping the order are visible during checkout in the webshop and are accepted by the Customer when confirming the order. The Seller applies the following limits for free shipping:
- For an order of coffee and/or tea, free shipping is provided in Belgium by the Seller for an order with a value of at least EUR 30 (excl. VAT).
- For an order for all other products offered by the Seller, free shipping is provided in Belgium by the Seller from an order with a value of at least EUR 60 (excl. VAT).
- For all orders to the Netherlands and Luxembourg, free shipping is provided by the Seller from an order with a value of at least EUR 75 (excl. VAT).
- For all orders to other countries within the European Union, free shipping is provided by the Seller from an order with a value of at least EUR 100 (excl. VAT).
Shipping costs paid will not be refunded, even in the event of a return according to applicable law.
Other expenses, such as (but not limited to) travel costs or costs associated with unpaid bills of exchange or checks and other collection costs, will be charged separately and in detail to the Customer.
6. The payment.
The price is due and payable as follows by the Customer to the Seller, unless specifically deviated from in special contractual conditions between the Customer and the Seller.
- For orders via the webshop: payment is made in full and immediately. In that case, the Customer will receive an invoice after payment.
- For larger projects that are ordered by the Customer outside the webshop: half of the price is due upon signing the quotation or order form. The balance of the price is due upon termination of the execution of the agreement, namely at the time of delivery.
The price is payable in cash at the Seller's registered office or by bank transfer to the Seller's bank account, as stated on the invoice.
If the Customer does not make payment in accordance with the modalities described above, the Seller reserves the right to cease further activities until payment has been made, plus the contractually determined damages clause and the interest due.
The Seller and Customer may deviate from these conditions insofar as this is done in writing.
7. Late or non-payment.
In the event of late or non-payment, the price will be increased automatically and without notice of default by interest of 8% per year from the date of invoicing, plus a compensation clause amounting to 8% of the unpaid amount, always with a minimum of EUR 125.
The Seller reserves the right to prove the actual damage suffered and to claim full compensation for it. The Customer will therefore be responsible for all (extra)judicial costs of whatever nature that the Seller has had to incur as a result of the Customer's non-compliance with the payment obligation.
Any delay in payment of the amounts owed to the Seller also gives him the right, without further justification, to suspend his services in whole or in part until receipt of payment or to terminate them. All this is done on the basis of a simple letter to the Customer, sent by regular mail or e-mail. In that case, the Seller assumes no liability whatsoever for any disadvantage that the Customer may experience as a result of the suspension or termination of performance and the Customer will have no claim against the Seller in this regard.
In the context of consumer law, this clause has reciprocal application: it applies to both the Seller and the Customer.
8. The invoice.
The Customer must formulate any protest against an invoice by registered letter addressed to the Seller within 7 (seven) calendar days of receipt of the invoice. The Customer must provide detailed reasons for the protest in writing. A commercial gesture does not entail any recognition. Lack of protest within that period will be irrevocably accepted as acceptance of the corresponding services and the invoicing thereof.
Previously unconditionally paid invoices cannot be questioned or protested again.
The request to invoice a third party must be stated explicitly and in writing in the price request or order confirmation. Any Customer who places an order with the request to invoice it to a third party is and remains personally responsible for the payment of this invoice, even if the supplier has agreed to this method of invoicing, except in the cases in which the third party has co-signed the order form.
9. Acceptance of the goods and services delivered.
The Customer is deemed to accept the delivered goods, unless in the event of a complaint formulated by registered letter, addressed to the Seller, within 5 (five) calendar days from delivery of the goods to the Customer. The Customer must provide detailed reasons for the complaint in writing.
10. Cancellation of the assignment or order.
If the Customer wishes to cancel the order unilaterally, he must do so by registered letter addressed to the Seller. In that case, the Customer owes the Seller of 20% a lump sum compensation of the value of the order, always with a minimum of EUR 125 or the value of the goods that the Seller has already ordered from his supplier, at the discretion of the Seller .
However, the Seller reserves the right at all times to demonstrate the actual damage suffered and to claim full compensation for it.
In the context of consumer law, this clause has reciprocal application: it applies to both the Seller and the Customer.
In the context of consumer law, the Customer who falls within the scope of consumer law has a legally provided right of return, as described under Article 17 of these conditions. This article should be read together with that.
11. Liability.
All Seller's products are covered by a statutory two-year quality guarantee against material and manufacturing defects. The Seller is not liable for errors or problems that are due to abnormal, bad or incorrect use of the delivered goods by the Customer, nor for the (in)direct damage resulting from this. The Seller is not responsible or liable for the installation or connection of the ordered goods or equipment, unless the parties have made other written agreements about this in advance.
The Seller is not liable for errors or problems that are due to the work or adjustments to the delivered goods of another service provider or of the Customer himself, nor for the (in)direct damage resulting from this.
The Seller is not liable for (in)direct damage caused by third parties to the products and services supplied.
The Seller is permitted, at its own discretion, to rely on internal permanent or casual employees or third parties not belonging to the Seller's company for the execution of its assignment. However, any liability on the part of the Seller for shortcomings of these third parties is excluded. Under no circumstances is joint and several liability of the Seller possible together with the third party involved.
The Seller's liability is limited in each of the above and in all other cases to the proven and actual damage suffered by the Customer, resulting from the agreement concluded between the parties. Any compensation will under no circumstances exceed the total amount of the goods already invoiced.
12. Termination of the agreement.
Parties can terminate their agreement at any time by mutual agreement.
The Seller can terminate the agreement unilaterally by registered letter in the event of late or non-payment.
The Seller can terminate the agreement unilaterally by registered letter in the event of bankruptcy, apparent insolvency or any change to the legal or financial situation of the Customer.
The Seller can unilaterally terminate the agreement by registered letter if he demonstrates that further cooperation with the Customer is impossible, for example (but not limited to) because the contractual agreements or general terms and conditions are not complied with by the Customer, because the Customer has entered into the agreement. with a direct competitor, etc.
The Seller can unilaterally terminate the agreement by registered letter if he can demonstrate that a third party has worked on the goods delivered by him.
13. Force majeur.
In the event that the Seller is temporarily unable to (completely) execute the agreement as a result of, for example (but not limited to) force majeure, strike, lock-down, fire, riots, illness or any other event over which the Seller has no control, this gives the The Customer is not entitled to compensation from the Seller, nor to dissolution of the agreement from the Seller.
In the event that the Seller is definitively unable to execute the agreement (completely) as a result of, for example (but not limited to) force majeure, strike, lock-down, fire, riots, illness or any other event over which the Seller has no control, he reserves the right to reserves the right to terminate the agreement with the Customer without owing the Customer any compensation.
14. Formulating complaints.
The Customer must formulate any complaint by registered letter, addressed to the Seller, within 7 (seven) calendar days from the delivery of the goods to the Customer. The Customer must provide detailed reasons for the complaint in writing.
15. Privacy.
The Seller undertakes to use the Customer's personal data exclusively in the context of the agreement concluded between them. The Seller treats the Customer's personal data with the utmost care and discretion and will under no circumstances transfer them to a third party unless the Customer has given written permission. In accordance with the Privacy Act of 08/12/1992 and the applicable GDPR regulations, the Customer has the right to access, modify, correct and delete his personal data at any time.
16. Right of withdrawal
If the Customer is a consumer within the meaning of Belgian consumer law, the Customer can terminate an agreement with the Seller during a cooling-off period of at least 14 (fourteen) calendar days without giving a reason. In that case, the Customer can return the order without motivation and without paying a fine. The costs for this return shipment are paid by the Customer.
This right of withdrawal only applies to distance sales between the Customer and the Seller. Reserved and/or specially constructed goods for the Customer are expressly excluded from the right of withdrawal. Orders that are not placed via the website are automatically considered reserved goods.
The revocation must be made in writing. The cooling-off period of 14 calendar days starts on the day that the Customer, or a third person designated in advance by the Customer who is not the carrier, has received the order. If the Customer has ordered different products in the same order, the period starts on the day on which the Customer or the third party designated by him has received the last product. If delivery to the Customer is made in several shipments or parts, the period commences on the day on which the Customer or the third party designated by him has received the last shipment or part.
If the Seller does not provide the Customer with the legally required information about the right of withdrawal, the cooling-off period will expire 12 (twelve) months after the end of the original period, as determined in the previous paragraphs.
During the reflection period, the Customer will handle the product and packaging with care. The Customer will only unpack or use the ordered goods to the extent necessary to determine the nature, characteristics and operation of the product. The Customer handles and inspects the delivered goods as he would in a store. If the Customer has used the returned item more extensively than described above, the Customer must reimburse the Seller for the associated depreciation.
The Customer returns the order to the Seller within 14 calendar days from the day following the return notification. The Customer returns the products with all supplied accessories, in the original condition and in the original packaging. The Seller will reimburse all payments made by the Customer at the latest within 14 days after the Customer has notified that he has invoked the right of withdrawal. However, the refund will only be made after the Seller has received the returned goods in the condition described above. The refund by the Seller will be made with the same payment method as that used by the Customer, unless the Customer expressly requests another payment method for the refund. The costs for return are paid by the Seller to the Customer insofar as it concerns a standard delivery. If the Customer has chosen a special delivery based on his own preference, the Seller will not refund the additional cost and only the cost for a standard shipment will be refunded to the Customer.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the Customer.
If the Customer invokes the right of withdrawal, all additional agreements will be dissolved by operation of law.
This clause only applies to a Customer who is considered a consumer within the meaning of Belgian/European consumer law. The right of return is therefore excluded for sales to Customers who are professionals. Sales to a professional Customer are final in accordance with Article 3 of these conditions. In the event of a cancellation, the professional Customer owes the compensation under Article 10 of these conditions.
17. Retention of title
If the Customer does not pay the compensation owed to the Seller in accordance with the modalities described above, the Seller reserves the right of ownership of the placed or delivered goods until the compensation due has been paid, plus the contractually determined damages clause and the amount due interest.
18. Jurisdiction clause.
Any dispute relating to the existence, interpretation and execution of an agreement between the Seller and the Customer and/or the legal relationships, rights and obligations arising therefrom will be settled by the Dutch-speaking courts of the judicial district of Halle-Vilvoorde.
19. Applicable law.
Belgian law applies to the existence, interpretation and execution of the agreement between the Seller and the Customer, as well as to the legal relationships, rights and obligations arising from it.