GENERAL TERMS & CONDITIONS OF SALE
This page contains the terms and conditions (hereinafter referred to as “Terms & Conditions”) under which the products listed on the website www.kissesofpearl.com (hereinafter “Products”) are supplied.
Please read these Terms & Conditions carefully before ordering any Products through the aforementioned website. You should understand that by ordering Products on these website, you agree to be bound by these Terms & Conditions. You should print a copy of these Terms and Conditions or save this file on your computer for future reference.
Kisses of Pearl is a webshop (www.kissesofpearl.com) that offers accessories and textiles for sale by the private limited company SIBEL BVBA, a company organized under Belgian law, with registered office at 8510 Marke (Belgium), Doenaertstraat 21, registered in the Crossroads Bank for Enterprises (BCE/KBO) under number 0431.614.663 (hereinafter referred to as “Sibel”).
Any internet user that places an order through Sibel’s webshop is referred to in these Term & Conditions as the “Customer”.
These Terms & Conditions are applicable to all offers made by Sibel, all orders made by the Customer and all agreements with regard to the purchase of Products between Sibel and the Customer.
During the ordering process the Customer has to explicitly accept the Terms & Conditions by clicking on the button next to the sentence that reads ‘I confirm that I have read the Terms & Conditions and accept them unconditionally in their entity’
The Customer has been given the opportunity to print these Terms & Conditions and to save them on his computer.
Unless explicitly agreed in writing between Sibel and the Customer, the applicability of any other terms and conditions is excluded.
2. ORDERING PROCESS
The Customer’s order remains valid as an offer until Sibel has issued an order confirmation.
An agreement will come into effect and Sibel shall be legally bound to supply the ordered Product(s) to the Customer as from the moment of Sibel has accepted the order by sending an order confirmation by email stating that Sibel has accepted the Customer’s order and containing a reference number and the details of the ordered Product(s).
Sibel may refuse to accept the Customer’s order in case of unavailability of supplies. In that case, the Customer will be notified of the unavailability and Sibel will return any payment that the Customer has made.
Sibel further retains the right to refuse an order placed by the Customer who has previously failed to pay for an order (in full or in part), and additionally in the event that a previously placed order was or is the subject of a dispute between Sibel and the Customer.
The Product(s) will be delivered at the place of delivery as indicated by the Customer during the ordering process. Sibel only ships Products to addresses located in an European Union member state.
Sibel aims to deliver within 1-29 working days of acceptance of the Customer’s order. The Customer will be informed in the case Sibel expects to be unable to meet the estimated delivery date.
No liabilities for losses for direct or indirect damages arising out of delays in delivery will be accepted.
If the delivery is delayed through the Customer’s unreasonable refusal to accept delivery or if the Customer didn’t collected the Product(s) from the carrier within a reasonable period of time, Sibel shall be entitled to terminate the purchase agreement with the Customer and to no longer make available the Product(s) for delivery or collection. In that case, Sibel will refund the amount of the purchase price already paid by the Customer under the applicable purchase agreement, reduced with a fixed compensation equal to 20 % of the total purchase price of the ordered Product(s) for the administration charges made by Sibel for attempting to deliver and returning the Product(s).
4. RIGHT OF WITHDRAWAL
The Customer has to right to withdraw from his purchase within fourteen (14) days without giving any reason.
The withdrawal period will expire after fourteen (14) days from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer, acquires, physical possession of the ordered Products.
To exercise the right of withdrawal, the Customer must inform Sibel.
To meet the withdrawal deadline, it is sufficient for the Customer to send its communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
If the Customer withdraws from the distance contract, Sibel shall reimburse to the Customer all payments received from the Customer, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by Sibel), without undue delay and in any event not later than fourteen (14) days from the day on which Sibel is informed about the Customer’s decision to withdraw from the distance contract. Sibel will carry out such reimbursement using the same method of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement.
Sibel may withhold reimbursement until it has received the Product(s) back or the Customer has supplied evidence of having sent back the Product(s), whichever is the earliest.
The Customer shall send back the Products without undue delay and in any event not later than fourteen (14) days from the day on which the Customer communicated his withdrawal from the distance contract to Sibel. The deadline is met if the Customer sends back the Product(s) before the period of fourteen (14) days has expired. The Customer will have to bear the direct cost of returning the Products.
The Customer is only liable for any diminished value of the Product(s) resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product(s).
5. TRANSFER OF RISK AND TITLE
From the moment the Product(s) is/are delivered to the Customer, all risks of damage to or loss of the Product(s) pass to the Customer.
Title shall pass to the Customer upon full payment by the Customer of the price (including (shipping) costs) and following the payment of any other outstanding amounts (e.g. interest, compensation for damage) by the Customer to Sibel.
6. PRICE AND PAYMENT
All Product prices are indicated in EURO, including VAT. The shipping costs are not included in the price and are payable by the Customer in addition to the purchase price.
The prices that apply to the order(s) placed by the Customer are those which were valid and specified on the website on the day on which the order was placed and as specified by Sibel by order confirmation e-mail.
If any discounts are granted to the Customer, these will apply exclusively to that specific (part of) order for which they were granted and under no circumstances (even if the discounts are granted repeatedly) they will create a right for the Customer to similar discounts on later orders.
Orders can be paid by bank by credit card (supported payment cards are VISA, Master Card, American Express) and PayPal.
The Customer guarantees to be legally entitled to make online payments through one of the abovementioned payment methods and that the bank/PayPal account has a sufficient balance to cover the payment due to Sibel.
The invoices shall be provided in electronic form only. Sibel’s invoices shall be payable within (fourteen) 14 calendar days as from the date on the invoice.
7. VISIBLE DEFECTS – RIGHTS OF EXCHANGE – RETURNING PRODUCTS
The Customer undertakes to inspect the Product(s) for obvious defects or damage(s) and to check the conformity of the quantity upon the moment of delivery.
All complaints relating to visible defect and/or non-conforming deliveries shall immediately be communicated by the Customer in writing at the latest within two (2) days following the delivery of the Product(s), accompanied by a clear picture of the damaged packaging/visible defects.
Claims about non-conformity or visible defects not made within the aforementioned period will not be entertained.
If the Customer is not satisfied with his purchase, Sibel will offer the Customer the possibility of exchanging the Product(s) within two (2) calendar days upon the receipt of the Product(s) by the Customer. Products offered at a discount cannot be exchanged.
The Product(s) must be returned to Sibel in its/their original condition: undamaged, unused, clean, unworn, and unwashed and with its/their original label(s).
Sibel reserves the right to refuse an exchange of (a) returned Product(s) which is/are not in a re-saleable condition.
If the Customer exercises his right of withdrawal and Sibel notices a reduction in value to which the Product(s) can be re-sold resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product(s), Sibel shall have the right to reduce the refunded purchase price by the amount equal to 75% of the purchase price(s) of the Product(s).
The Products on the webshop are described and portrayed as accurately as possible. Sibel declines all responsibility for any possible errors that may occur when posting the photographs and accompanying texts presenting or describing the Products on the website.
The Customer acknowledges his awareness of the fact that the colours on the photographs may deviate slightly from those of the original Product(s).
Sibel shall not be liable for any losses, costs, damages, expenses arising out of late delivery in the event of stock being exhausted.
In no event Sibel shall be liable to the Customer for any indirect damage and Sibel’s total liability under any purchase agreement shall in no circumstances exceed the higher of the amount paid to Sibel by the Customer.
The forgoing shall not apply in case of fraud or willful misconduct of Sibel.
To the extent Sibel depends on the cooperation, services and deliveries of third parties, Sibel shall by no means be held liable for any damages arising out of their fault.
9. FORCE MAJEURE
Sibel shall not be responsible in the event that Sibel’s performance of any of its obligations is delayed, prevented, restricted or interfered with by reason of force majeure (fire, flood, explosion, non-delivery or faulty delivery by its suppliers,…) or any other cause whatsoever beyond the reasonable control of Sibel. In that case, Sibel shall be excused from performance of its obligations to the extent and for the duration of the impossibility to perform.
If the event of force majeure prevails for longer than thirty (30) calendar days, either Sibel or the Customer may terminate the agreement by written notice without any indemnification shall be due to the Customer.
Since the commitment of the Customer towards Sibel essentially constitutes a payment obligation, force majeure affecting the Customer is hereby expressly excluded.
10. CONTACT – CUSTOMER SERVICE
If the Customer would have any questions, requires more information or has any complaints in relation to his purchase, the Customer can contact Sibel’s customer service desk on +3256 223971 or firstname.lastname@example.org. The customer service desk can also be contacted by letter addressed to SIBEL BVBA, Doenaertstraat 21, 8510 Marke.
Sibel will make every effort to respond to the Customer within five (5) business days after being contacted by phone by the Customer or having received an e-mail or letter from the Customer.
When the Customer places an order through Sibel’s webshop, Sibel will collect the following personal data of the Customer : title, name, gender, email address, postal address delivery address, telephone and/or mobile number, fax number, payment details, payment card details and/or bank account details. The Customer grants permission to Sibel to process the personal data as provided to Sibel in accordance with the provision of this article 11.
Sibel will be responsible for the processing of the personal data pursuant to the provisions of the Act of 8 December 1992 governing the protection of personal privacy and will use the data for the following purposes: customer administration processing and follow-up of orders, and direct marketing by Sibel.
The Customer expressly agrees that Sibel will pass his name and (delivery) address to a third party (carrier) in order to deliver the ordered Products to the Customer.
The Customer is entitled to request and view the processed data, have them updated and oppose their use for direct marketing purposes by Sibel, pursuant to the provisions of the Act of 8 December 1992 governing the protection of personal privacy.
12. INTELLECTUAL PROPERTY RIGHTS
The Kisses of Pearl brand name and logo and all related names, design marks and slogans are the trademarks of Sibel. Sibel is the owner of all intellectual property rights relating to the Products offered for sale through the webshop.
The lay-out and graphic design of Sibel’s website, and additionally all designs, photographs, images, illustrations, text materials, video or audio sequences published on this website are protected by intellectual property rights and will remain the exclusive property of Sibel. Any form of reproduction, publication, imitation or any other type of use (except printing one copy and downloading extracts of any webpage(s) for your personal reference) in whatever form is prohibited without the explicit prior consent of Sibel.
If any of these terms should be determined to be invalid or otherwise unenforceable, the invalidity or unenforceability of that term shall not in any way effect the other terms which shall remain in full force and effect and continue to be binding and enforceable.
14. AMENDMENTS TO THE GENERAL TERMS & CONDITIONS
Sibel reserves the right, at its discretion, to revise these Terms & Conditions at any time in accordance with the changes in Sibel’s trade policy and the economic and judicial necessities. Such revision shall be posted online on the website and the continued use of the webshop will be considered as the agreement by the Customer to be bound by these new terms & conditions.
15. APPLICABLE LAW AND COMPETENT JURISDICTION
These Terms & Conditions as well as all agreements between Sibel and the Customer arising our or connected to placed orders by the Customer through Sibel’s webshop, shall be governed by and construed in accordance with Belgian law.
All disputes relating to the Agreement shall be submitted to the exclusive jurisdiction of the courts of the judicial district West-Vlaanderen section Kortrijk. The language of the proceedings is Dutch.