1.1 KAY FASHION, located in Park Street 1, 3900 Overpelt, is part of
CARDINAELS JACKY BVBA, based in the remaining 11, 3940 at Hechtel. VAT No. 875 822 995.
1.2 These terms and conditions apply to all offers of KAY FASHION. The conditions are accessible to everyone and included on the website KAY FASHION. On request we will send you a written copy.
1.3 By placing an order you acknowledge that you agree to the terms & conditions. KAY FASHION reserves the right to change her delivery and / or conditions after the expiry of the term.
1.4 Unless otherwise agreed in writing, the general or specific terms or conditions of third parties are not recognized by KAY FASHION.
1.5 KAY FASHION guarantees that the product meets the contract and meets the specifications listed in the offer.
2.1 Delivery takes place while supplies last.
2.2 The orders will KAY FASHION Under the rules of distance selling at least within 30 days. If this is not possible (because the ordered is out of stock or no longer available), or there is other reasons for delay, or an order can not or only partially implemented, then within one month, the consumer receives after placing the order message and in that case he is entitled to cancel the order without penalty.
2.3 The supply obligation KAY FASHION, subject to proof, are satisfied once the once offered to the buyer supplied by KAY FASHION. For home delivery extends the report of the carrier, alleging refusal of acceptance, full proof of the offer to deliver.
2.4 All on the website are indicative. At the time limits may therefore not legally binding.
3.1 Prices will not be increased within the duration of the offer, unless legal action is necessary or if the manufacturer interim price increases.
3.2 All prices on the site are subject to misprints. For the consequences of misprints no liability is accepted.
3.3 All prices on the site are in Euros and include 21% VAT.
4. Viewing period / right of withdrawal
4.1 If there is a consumer purchase, under the Act on Distance, the buyer has the right to return (part of) the goods within a period of 14 calendar days without giving any reason. This period begins when the ordered goods are delivered. If the customer after this period has not returned to KAY FASHION delivered, the purchase is a fact. The customer is obliged, before proceeding to return accordingly within the period of 14 calendar days after delivery of written notice by KAY FASHION. The customer must prove that the goods are returned on time, for example through a proof of mail delivery. Return of Goods must be in original packaging (including accessories and documentation) and in new condition. If the goods are used in, encumbered or damaged in any way, the right to terminate under this paragraph. With regard to what is stipulated in the preceding sentence, KAY FASHION ensures it is refunded within 30 days after receipt of the return, the full purchase price including the shipping costs to the customer. The return of the goods delivered is the sole responsibility and risk of the buyer.
4.2 The right of rescission, as described in the preceding paragraph, covers only the delivered goods.
4.3 The right of withdrawal does not apply to items that can not be returned due to their nature, for example for hygiene such as underwear and swimwear.
5.1 If you place an order with KAY FASHION, your data will be included in the customer base KAY FASHION. KAY FASHION adheres to the Data Protection Act and will not provide your information to third parties.
5.2 KAY FASHION respects the privacy of the users of the website and ensures confidentiality of your personal information.
5.3 KAY FASHION sometimes makes use of a mailing list. Each mailing includes instructions to remove yourself from this list.
6.1 KAY FASHION guarantees that the meeting delivered products meet the requirements of usability, reliability as intended by the parties to the contract are reasonably, and therefore is responsible for the quality of the product delivered to you.
6.2 KAY FASHION is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. Should the goods delivered wrong, inadequate or incomplete, then the customer (before proceeding to return to KAY FASHION immediately report these defects in writing KAY FASHION. Any defects or faulty goods should and can look up to 14 calendar days after delivery KAY FASHION be notified in writing. Return of the goods must be in original packaging (including accessories and documentation) and in new condition. Initial operation after detection of failure, damage occurring after detection of failure, encumbrance and / or resale after detection of failure, does the right to claim and return void.
6.4 If the customer complaints are found justified by KAY FASHION, KAY FASHION will at its option or with the buyer delivered free replacement or a written agreement on the compensation, provided that the liability of KAY FASHION and therefore the amount of compensation to be limited to a maximum of the invoice amount of the relevant goods, or (at the discretion of KAY FASHION to the maximum in each case the amount covered by the liability insurance KAY FASHION). Any liability of KAY FASHION is for any other form of damage, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damages for lost profits.
6.5 KAY FASHION is not liable for damage caused intentionally or equivalent deliberate recklessness of non-managerial staff.
6.6 This warranty does not apply if:
A) as long as the purchaser against KAY FASHION is in default;
B) the customer has repaired the delivered goods themselves and / or processed or repaired and / or modified by third parties;
C) the delivered goods have been exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of KAY FASHION and / or instructions on the packaging;
D) were defective in whole or in part the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
7.1 Offers are not binding unless otherwise stated in the offer.
7.2 Upon acceptance of an offer by the buyer, KAY FASHION reserves the right to revoke the right to the offer within 3 working days after receipt of such acceptance or to deviate.
7.3 Verbal agreements KAY FASHION only after an explicit and written acknowledgment.
7.4 All KAY FASHION do not automatically apply to repeat orders.
7.5 KAY FASHION can not be held to its offer if the customer should have understood that the offer or contain any part thereof, an obvious mistake or error.
7.6 Additions, modifications and / or further agreements are effective only if agreed in writing.
8.1 An agreement between KAY FASHION and a customer can only exist after an order by KAY FASHION feasibility is assessed.
8.2 KAY FASHION reserves the right not to accept without giving reasons, orders or contracts or only to accept the condition that the cash on delivery or prepayment.
9. Images and specifications
9.1 All images; including photographs, drawings, information on weights, dimensions, colors, graphics, labels, etc. on the website of KAY FASHION are only approximate, are indicative and may not lead to damages or rescission of the contract.
9.2 Written texts and images illustrated on www.kayfashion.be site may not be copied and / or reproduced without written permission from the owner.
10. Force majeure
10.1 KAY FASHION is not liable if and when she can not be fulfilled due to force majeure.
10.2 Force majeure means any strange reason, and any circumstance, which ought not to come for her in all fairness. Delay or failure by our suppliers, disruptions in the Internet, disruptions in the electricity failures in e-mail traffic and disturbances or changes in any third party technology, vervoersmoeilijkheden, werkstakingen, overheidsmaatregelen, delays in supply, omissions of suppliers and / or manufacturers KAY FASHION as well as from individuals, disease, defects in appliance or shipment tools count explicitly as force majeure.
10.3 KAY FASHION reserves the right to suspend the right to its obligations in the event of force majeure and is also entitled to terminate the contract in whole or in part, or to claim that the content of the agreement is amended so as execution remains possible. In no event KAY FASHION is obliged to pay any penalty or damages.
10.4 If KAY FASHION at the time the force majeure already partially fulfilled its obligations, or can only partially fulfill its obligations is entitled already delivered or to invoice the deliverable part separately and the buyer is obliged to pay this invoice as though a separate contract. This does not apply if the already delivered or deliverable part has no independent value.
11.1 KAY FASHION is not liable for damage to persons or objects caused by improper use of the products.
12. Retention of title
12.1 The ownership of products is transferred only if the consumer all that the consumer on the basis of respect to the products agreement (s) owes KAY FASHION has complied.
13. Applicable law / jurisdiction
13.1 All agreements are governed by Belgian law.
13.2 Disputes arising from an agreement between KAY FASHION and copper, which can not be solved by mutual agreement, the competent court within the district of Maaseik knowledge unless KAY FASHION there prefer the dispute to the competent court of the domicile the buyer to submit, with the exception of those disputes that fall under the jurisdiction of a magistrate.
Download the Terms and Conditions as a PDF file.)
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Terms and Conditions