These general terms and conditions (hereinafter: Terms and Conditions) apply to every commercial transaction between KawaJoy, 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 terms and conditions can only be deviated from by explicit letter and after mutual agreement between the Seller and the Customer.
The Seller reserves the right to change the general terms and conditions. The Customer may, at any time and on simple request, request a copy of the general terms and conditions in force at that time from the Seller, which shall immediately transmit them to the Customer.
- Acceptance of the Terms.
The Customer is expected to know, understand and accept the conditions from the moment he signs an offer or places an order.
- Specifications and price quotations.
The price quotations drawn up by the Seller are always based on the conditions of wages, raw materials, materials and services applicable at that time. If changes occur in this respect during the duration of the specifications or the offer, the Seller expressly reserves the right to adjust its prices and rates in a proportionate manner to these changed values.
By signing the order form or the quotation, the Customer undertakes to purchase the goods and/or services mentioned therein.
The order forms and price quotations are only binding on the Seller after his written confirmation, confirmation by e-mail or sending the invoice.
- The delivery time.
The period within which the Seller will deliver goods or services is provided by way of information and does not bind the Seller. Possible delay in the provision of services or delivery does not entitle the Customer to compensation from the Seller, nor to termination of the agreement at the expense of the Seller. If the Customer wishes to make the execution or delivery period an obligation of result on the part of the Seller, the parties must have a written agreement on this prior to the start of the cooperation, which is signed by both parties.
The Seller undertakes to deliver within a reasonable period of time, depending on the specific requirements and cooperation of the Customer and on the concrete (whether or not external) circumstances. Specifically, the Seller strives for the following delivery times for the orders that take place via the webshop:
- Within Belgium: the Seller is counting on sending orders within 24 hours of receipt of payment and delivering them to the Customer the following working day.
- Outside Belgium: the Seller is counting on sending orders within 24 hours after receipt of payment and delivering them to the Customer within 1 to 10 working days afterwards.
- The price.
The price stated by the Seller includes the price for the goods, excluding the VAT due.
The costs for the shipment of the order are visible at checkout on 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, the Seller will ship free of charge in Belgium from an order with a value of at least 30 EUR (excl. VAT).
- For an order of all other products offered by the Seller, the Seller will ship free of charge in Belgium from an order with a value of at least 60 EUR (excl. VAT).
- For all orders to the Netherlands and Luxembourg, the Seller will ship free of charge from an order with a value of at least 75 EUR (excl. VAT).
- For all orders to other countries within the European Union, the Seller will ship free of charge from an order with a value of at least 100 EUR (excl. VAT).
Paid shipping costs will not be refunded, even in case of a return according to the applicable legislation.
Other expenses, such as for example (but not limited to) travel expenses or costs associated with unpaid bills of exchange or cheques and other collection costs, will be charged separately and in detail to the Customer.
- The payment.
The price is due and payable as follows and is thus paid 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: the payment is made completely 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 and payable when signing the quotation or order form. The balance of the price is due and payable upon termination of the execution of the agreement, namely at the time of delivery.
The price is payable both in cash at the Seller’s registered office and by bank transfer to the Seller’s bank account, as stated on the invoice.
In the event that the Customer does not proceed to payment in accordance with the modalities described above, the Seller reserves the right to cease its 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 terms and conditions insofar as this is done in writing.
- Late or non-payment.
In the event of late or non-payment, the price will be increased by operation of law 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 125 EUR.
The Seller reserves his right to prove his actual damage and to claim full compensation for it. All (extra)judicial costs of whatever nature that the Seller has had to incur as a result of the non-compliance with the Customer’s payment obligation will therefore be borne by the Customer.
Any delay in the payment of the amounts due to the Seller also entitles him, without further justification, to suspend all or part of his performance until receipt of payment or to terminate it. 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 does not assume any liability for any disadvantage that the Customer would suffer 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 applies reciprocally: it applies both to the Seller and to the Customer.
- The invoice.
The Customer must formulate any protest of an invoice by registered letter, which is addressed to the Seller, within 7 (seven) calendar days after receipt of the invoice. The Customer must give extensive written reasons for the protest. A commercial gesture does not entail any acknowledgement. Failure to object within that period will irrevocably be accepted as acceptance of the corresponding services and the charging thereof.
Previously unconditionally paid invoices cannot be questioned or protested again.
The request to invoice a third party must be explicitly stated in writing in the price request or the order confirmation. Each 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 cases where the third party has co-signed the order form.
- Acceptance of the delivered goods and services.
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 the delivery of the goods to the Customer. The Customer must give detailed reasons for the complaint in writing.
- Cancellation of the order 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 a fixed compensation of 20% of the value of the order, always with a minimum of 125 EUR 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 at all times his right to prove his actual damage suffered and to claim full compensation for it.
In the context of consumer law, this clause applies reciprocally: it applies both to the Seller and to the Customer.
In the context of consumer legislation, the Customer who falls within the scope of the consumer legislation has a legally provided right of return, as described under article 17 of these conditions. This article should be read together with that.
All products of the Seller are subject to the legal quality guarantee of two years with regard to material and manufacturing defects. The Seller is not liable for errors or problems due to the 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 assembly or connection of the ordered goods or equipment, unless the parties have made other written agreements with each other in advance.
The Seller is not liable for errors or problems 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 provided.
The Seller is permitted, at its own discretion, for the execution of its assignment, to call on internal permanent or loose employees or third parties not belonging to the Seller’s company. However, any liability on the part of the Seller for shortcoming of these third parties is excluded. Under no circumstances is a joint and several liability of the Seller together with the third party concerned possible.
The Seller’s liability in each of the above and in all other cases is limited to the proven and actual damage suffered by the Customer, resulting from the agreement concluded between the parties. Any compensation will in no case exceed the total amount of the goods already invoiced.
- Termination of the Agreement.
The parties can terminate their agreement at any time in mutual consultation.
The Seller may unilaterally terminate the agreement by registered letter in the event of late or non-payment.
The Seller may unilaterally terminate the agreement by registered letter in the event of bankruptcy, apparent insolvency or any change to the legal or financial situation of the Customer.
The Seller may unilaterally terminate the agreement by registered letter if he demonstrates that further cooperation with the Customer is impossible, for example (but not exhaustively) because the contractual agreements or general terms and conditions are not complied with by the Customer, because the Customer has entered into a partnership with a direct competitor, etc.
The Seller may unilaterally terminate the agreement by registered letter if he can prove that a third party has worked on the goods delivered by him.
- Force majeure.
If the Seller is temporarily unable to (fully) execute the agreement as a result of, for example (but not exhaustively) force majeure, strike, lock-down, fire, riots, illness or any event over which the Seller has no control, this does not entitle the Customer to compensation from the Seller, nor to dissolution of the agreement at the expense of the Seller.
In the event that the Seller is definitively unable to (fully) execute the agreement as a result of, for example (but not exhaustively) force majeure, strike, lock-down, fire, riots, illness or any event over which the Seller has no control, he reserves the right to terminate the agreement with the Customer without owing any compensation to the Customer.
- Formulating complaints.
The Customer must formulate any complaint by registered letter, which is addressed to the Seller, within 7 (seven) calendar days from the delivery of the goods to the Customer. The Customer must give detailed reasons for the complaint in writing.
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 under no circumstances transfers them to a third party, except with the written consent of the Customer. 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.
- Right of withdrawal
If the Customer is a consumer within the meaning of Belgian consumer law, the Customer may 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 unmotivated and without payment of a fine. The costs for this return shipment will be paid by the Customer.
This right of withdrawal only applies to distance selling 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 as 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 several products in the same order, the period starts on the day on which the Customer or the third party designated to him has received the last product. If the delivery to the Customer takes place in different shipments or parts, the period starts on the day on which the Customer or the third party designated to him has received the last shipment or the last part.
If the Seller does not provide the Customer with the legally required information about the right of withdrawal, the cooling-off period expires 12 (twelve) months after the end of the original period, as stipulated in the previous paragraphs.
During the cooling-off period, the Customer will handle the product and the packaging with care. The Customer will only unpack or use the ordered goods to the extent necessary to determine the nature, characteristics and functioning of the product. The Customer handles the delivered goods and inspects them as he would in a store. If the Customer has used the returned good to a greater extent than described above, the Customer must reimburse the Seller for the depreciation associated with this.
The Customer shall return the order to the Seller within 14 calendar days from the day following the return notification. The Customer returns the products with all accessories supplied, 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’s notification 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 shall be made using the same means of payment as that used by the Customer, unless the Customer expressly requests another means of payment for the refund. The costs for the return will be 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 the 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 legislation. 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 terms and conditions. In the event of a cancellation, the professional Client owes the compensation under Article 10 of these terms and conditions.
In the event that the Customer does not proceed to payment of the compensation due to the Seller in accordance with the above-described modalities, the Seller reserves the right of ownership of the goods placed or delivered until the compensation due has been paid, plus the contractually determined damages clause and the interest due.
- Jurisdiction clause.
Any dispute relating to the existence, interpretation and execution of the 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.
- Governing 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 therefrom.