General Sales Terms and conditions
Business information
Koks&Tales CV
Schrijnwerkersstraat 9
3500 HASSELT
+32 470 02 95 22
BE 0725 602 659
By accessing and using the website, you expressly agree to the following general terms and conditions.
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Article 1: General provisions
The e-commerce website of Koks&Tales, a CV with its registered office at Schrijnwerkersstraat 9 in Hasselt, BE 0725 602 659 provides its customers with the option of buying products from its webshop.
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of Koks&Tales, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by Koks&Tales.
Article 2: Price
All prices listed are expressed in EURO, always include VAT and all other required duties or taxes that the Customer must bear.
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Any shipping, reservation or administration fees that are charged must be specified separately.
The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.
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Article 3: Availability
Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Koks&Tales. With respect to the accuracy and completeness of the provided information, Koks&Tales is solely bound to obligation of means. Koks&Tales is in no way liable in event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact Koks&Tales in advance.
The product selection is valid while stocks last and may at any time be changed or withdrawn by Koks&Tales. Koks&Tales cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
The Customer completes the online reservation form with his address and invoicing data.
The Customer can choose between the following methods of payment:
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by credit card
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by bank transfer to the following account number:
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Koks&Tales: BE22 1431 0715 0547
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Koks&Tales is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.
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Article 5: Delivery and execution of the agreement
Items ordered through this web shop are delivered In Belgium. Delivery takes place by means of shipment through Bpost. Postage costs are charged to the customer. Unless agreed or explicitly determined otherwise, the goods are delivered to the address of the Customer within 30 days after receipt of the order and the payment. Any visible damage and/or qualitative deficiency of an item or other defect upon delivery should be reported immediately to Koks&Tales by the Customer. The risk of loss or damage shall pass to the Customer at the moment in which he (or a third party other than the carrier and indicated by the Customer) has acquired material possession of the goods. However, the risk shall pass to the Customer upon delivery to the carrier, if the carrier is commissioned to carry the goods by the Customer and that choice was not offered by Koks&Tales.
Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered to the Customer’s residence within 30 days of receipt of the order.
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Article 6: Retention of title
Delivered articles remain the exclusive property of Koks&Tales until the moment the Customer pays for the goods in full.
If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Koks&Tales, e.g. to anyone who would attempt to seize articles that are not fully paid for.
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Article 7: Right of withdrawal
The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from Koks&Tales.
If the right of withdrawal is applicable:
The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.
The right of withdrawal ends 14 calendar days after the day on which the Customer or a third party other than the carrier and designated by the Customer acquires material possession of the goods. In order to exercise the right of withdrawal, the Customer needs to inform Koks&Tales of his decision to withdraw from the contract, by means of a clear statement (e.g. in writing by post, fax or email). For this purpose, the Customer can use the attached model withdrawal form, but this is not obligatory. To comply with the withdrawal period, the Customer needs to send the notification of exercise of his withdrawal right before the end of the withdrawal period. The Customer shall return or hand over the goods to Koks&Tales immediately, or, in any case, not later than 14 calendar days after the day on which his decision to withdraw from the contract was notified to Koks&Tales.
The Customer is on time if he returns the goods before the end of the period of 14 calendar days. The direct costs of returning the goods are charged to the Customer. If there is, in any way, a decrease in the value of the returned product, Koks&Tales reserves the right to hold the Customer liable and claim damages for any decrease in value of the goods resulting from the use of the goods by the Customer that goes beyond what is necessary to determine the nature, characteristics and of the goods. Only returns of items that are in their original packaging, together with all accessories, user manuals and an invoice or proof of purchase will be accepted. If the Customer withdraws from the agreement, Koks&Tales will reimburse all payments received from the Customer up to that moment, including standard costs of delivery, to the Customer within 14 calendar days after Koks&Tales has been informed of the decision of the Customer to withdraw from the contract. In case of sales contracts, Koks&Tales may decide to withhold reimbursement until they receive all returned goods, or until the Customer proves that he returned the goods, whichever occurs first. Any additional costs resulting from the Customer's choice for a method of delivery other than the cheapest standard delivery offered by Koks&Tales will not be reimbursed. Koks&Tales will reimburse the Customer using the same method of payment the Customer used for the initial transaction, unless the Customer explicitly agreed otherwise; in any case, no costs will be charged to the Customer for such reimbursement.
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The Customer is not allowed to exercise the right of withdrawal for:
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delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications;
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delivery of digital content which is not supplied on a tangible medium if performance of the services has started with the Customer’s prior express consent, and with acknowledgement by the Customer that he will lose his right of withdrawal (e.g. downloading music, software).
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the provision or supply of goods or services whose price depends on fluctuations in the financial market that Koks&Tales has no influence upon and that may occur within the withdrawal period.
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the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person.
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the delivery of goods that spoil quickly or that have a limited shelf life.
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the delivery of sealed goods that are not suitable for return due to reasons of health or hygiene protection and where the seal has been broken after delivery.
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the delivery of goods that are irrevocably mixed with other products after delivery due to the nature of the goods.
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the delivery of alcoholic beverages where the price is agreed upon when entering into the sales agreement, but where the delivery can only occur after 30 days, and where the actual value is dependent on fluctuations in the market that the business has no influence over.
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Article 8: Guarantee
The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.
To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.
For articles purchased online and are delivered to the home of the Customer, the Customer must contact the Koks&Tales customer service and to return the product at their own expense to Koks&Tales.
Upon detection of a deficiency, the Customer must inform Koks&Tales as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.
The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.
Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.
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Article 9: Customer service
Koks&Tales customer service can be reached at phone number +32 470 02 95 22, via e-mail at contact@koksandtales.com. Any complaints can be made through the aforementioned customer services contact methods.
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Article 10: Penalties for non-payment
Without prejudice to the exercise of any other rights that Koks&Tales is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.
Without prejudice to the foregoing, Koks&Tales is entitled to take back the unpaid or incompletely paid for articles.
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Article 11: Privacy
The responsible party for processing information, Koks&Tales respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal information.
The personal information you share with us is used only for the following purposes: [the purpose for which the data was entered, e.g. the execution of the agreement entered into, the processing of the order, sending of newsletters, and advertising and/or marketing purpose.]
You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request to Koks&Tales. If necessary, you can also request the correction of information that is inaccurate, incomplete or irrelevant.
In the case when information is used for direct marketing purposes: You may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can always contact us in the aforementioned manner at Koks&Tales, contact@koksandtales.com.
We treat your information as confidential and shall not communicate, rent or sell it to third parties. [In the case of communication to third parties: It is possible that the personal information received from you may be communicated to our collaborating businesses: Rob Biesmans.
The Customer is responsible for maintaining the confidentiality of their login information and the use of their password.
Koks&Tales saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent.
If you have any questions about this privacy statement, please contact us at contact@koksandtales.com.
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Article 12: Use of cookies
When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.
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“First-party cookies” are technical cookies used by the visited site itself and are intended to allow the website to operate in an optimal manner. Examples: settings specified by the user during previous visits to the site, or, a pre-filled form with data that the user entered during previous visits.
“Third party cookies” are cookies that do not originate from the website itself, but from other websites, e.g. an existing marketing or advertising plug-in. Examples: cookies from Facebook or Google Analytics. The visitor must first provide their consent to allow such cookies from the website – this may occur via a bar the bottom or top of a webpage, with a reference to the associated policy that does not prevent further surfing of the website.
You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.
If you use our website, you agree to the use of cookies.
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Article 13: Invalidation - non-relinquishment
If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Koks&Tales to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 14: Amendments to the Terms
These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of Koks&Tales. In case of inconsistencies, the present Terms take precedence.
Article 15: Proof
The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 16: Applicable law - jurisdiction
Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the Koks&Tales district have jurisdiction in the case of any disputes.