TERMS & CONDITIONS
www.kisany.com (ihereinafter the "Site") is published by KISANY Social Enterprise, a private company with limited liability for social purposes under Belgian law with capital of €18,600, whose registered office is located at Meusegemstraat 44, 1861 Meise, Belgium, registered with the Register of Legal Persons under number 0686793355, with an intra-Community VAT number.
I – General provisions
The general terms and conditions of sale ("the GTCS") detailed below apply to :
all orders placed with KISANY Social Enterprise for all products and services offered on the website. They are accessible at all times on the website.
KISANY Social Enterprise reserves the right to adapt or modify the Terms and Conditions at any time, the version of the Terms and Conditions applicable to any transaction being that published on the date of the order. Consequently, the fact that a customer places an order implies total and unreserved acceptance of these terms and conditions.
II – Information and access to the site
www.kisany.com is an online merchant owned and operated by KISANY Social Enterprise.
The website is accessible to all Internet users, 7 days a week, 24 hours a day, subject to any planned or unplanned interruptions by KISANY Social Enterprise or its suppliers for technical and/or security maintenance or in the event of circumstances beyond its control, namely "force majeure" as recognized by the Belgian courts. KISANY Social Enterprise shall not be liable for any damages resulting from the unavailability of the website.
KISANY Social Enterprise makes no promises as to the availability or accessibility of the website and does not guarantee that access to the website, the content thereof, or the services it provides will be uninterrupted, timely, or error-free. For technical maintenance and/or security reasons, our developer may be obliged to suspend access to the website, in whole or in part, temporarily and without notice. By accepting these conditions of use, users accept such technical interruptions.
KISANY Social Enterprise reserves the right to update the site, in particular for technical or commercial reasons. When these modifications do not alter the conditions of use or, more generally, do not substantially affect the quality of the services provided, users may be informed of the modifications made, but their acceptance of these modifications will not be required.
III – Site subscription
To place an order, customers can first create a personal account by filling in their personal details, i.e. first name, surname and e-mail address (the "personal account").
The customer's registration will be validated by KISANY Social Enterprise after verification of the standard form completed by the customer. A confirmation of the subscription will be sent to the customer by email. By creating the personal account, the customer ensures the accuracy and completeness of the data provided. The customer updates their personal details. If there is an error in the recipient's address, KISANY Social Enterprise cannot be held responsible for the impossibility of delivering the products ordered.
In order to place an order, the customer must be of legal age and have full legal capacity to contract, and possess a valid payment card issued by a bank acceptable to KISANY Social Enterprise's payment provider. KISANY Social Enterprise reserves the right to refuse any request or order and to close any account at its sole discretion.
IV – Products
The products offered for sale are those described and available on the site, while stocks last. Nevertheless, KISANY Social Enterprise cannot be held responsible for any errors that may occur during the updating process. Neither can KISANY Social Enterprise be held responsible in the event of cancellation of an order due to stock shortage. KISANY Social Enterprise takes great care in the presentation and description of its products in order to provide the customer with the best possible service.
However, some non-substantial errors may appear on the website, which the customer acknowledges and accepts. Slight variations are to be expected as all items are hand-embroidered. This makes each item unique.
It is possible that the customer may receive an item previously returned by another person. However, intact items that have not been used will only be accepted after a thorough check before being returned to stock.
V – Ordering
Acceptance of an order placed on the site is subject to compliance with the procedure established by KISANY Social Enterprise, which consists of a succession of different steps that the customer must follow in order to validate the order.
The customer may at any time modify or remove the products added to his or her basket (the "Basket").the Basket summarises the products selected by the customer, as well as their price, V.A.T. and shipping costs, including customs duties and other taxes. The customer may modify the basket at any time before confirming the order. Confirmation of the order by the customer implies acceptance of all the provisions of the GCS.
A confirmation e-mail summarizing the order (products, price, product availability, quantity, etc.) will be sent to the customer by KISANY Social Enterprise. To this end, the customer formally accepts the use of electronic mail to receive confirmation of the contents of his/her order from KISANY Social Enterprise.
VI – Refusal of order
KISANY Social Enterprise reserves the right to remove any product displayed on the website at any time and/or to replace or modify any content or information related to a product. Despite KISANY Social Enterprise's best efforts to meet customer expectations, KISANY Social Enterprise may be forced to cancel an order even after sending an email confirmation.
KISANY Social Enterprise cannot be held responsible to the customer or a third party in the event of the removal of a product from the Site, or in the event of the replacement or modification of any content published on the Site, or the refusal of an order after having confirmed it by e-mail. KISANY Social Enterprise reserves the right to refuse or cancel any order from a customer with whom KISANY Social Enterprise has an ongoing dispute regarding payment of a previous order.
VII – Prices and terms of payment
Prices are quoted on the site in euros. Prices include VAT.
Certain countries outside the European Union may be subject to additional charges (duties, taxes) on receipt, depending on the legislation in their country.
KISANY Social Enterprise reserves the right to modify its prices at any time, but products will be invoiced and paid for on the basis of the rates in effect at the time orders are registered, subject to availability.
Products are payable on the day the order is placed.
Purchases will be settled via the secure platform of our partners Bancontact, PayPal or via STRIPE.
Paypal (Europe) S.à.r.l. et Cie, is a Luxembourg société en commandite par actions, registered with the Luxembourg R.C.S. under number B118349, whose registered office is located at 22-24, Boulevard Royal - L-2449 Luxembourg. For further information, the Customer may consult the following website: https://www.paypal.com.
Stripe Payments Europe Ltd is a company registered in Dublin, Ireland under company number 513174 with its registered office at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. For further information, the customer may consult the following website: https:// www.stripe.com.
Bancontact Payconiq Company NV/SA is a company incorporated under Belgian law, registered under number 0675 984 882 RPR/RPM of Brussels, with its registered office at : Rue d'Arlon 82, 1040- Brussels, Belgium. For any information, the Customer may consult the following website: www.bancontact.com.
The customer expressly recognizes that the communication of his/her credit card number gives the payment company the authorization to debit his/her account in favor of Kisany for the amount of the products ordered. If necessary, a notice of cancellation of the order due to a payment error will be sent to the customer by KISANY Social Enterprise to the email address registered by the customer. The purchase is firm only if the payment made by the customer is made without error or problem.
The data recorded and retained by KISANY Social Enterprise constitutes proof of the order and all transactions. Data recorded by Bancontact PayPal or STRIPE constitute proof of financial transactions between the customer and KISANY Social Enterprise.
VIII –Delivery
You can have your order delivered free of charge to one of our addresses, to our Atelier or to our shop in Brussels (Ixelles).
- Our Boutique Kisany is located at 469, Chaussée de Waterloo, 1050 Brussels and is open by appointment.
- Our Atelier is located at 100, rue Profonde in 1970 Wezembeek-Oppem and we are open by appointment.
You will receive an e-mail as soon as your order is ready.
Deliveries by BPost are made from Monday to Friday, depending on the option chosen by the customer when validating their order.
International deliveries are made either by DPD or DHL. Kisany reserves the right to choose the carrier.
Delivery takes place when physical possession of the product is transferred to the Customer (the "Delivery").
The risk of loss or deterioration of the product is transferred to the Customer at the time of Delivery.
The delivery prices applicable to the order are those indicated on the site at the time the order is placed in the "Delivery and Returns" section.
Delivery is made to the delivery address indicated by the customer, it being specified that this must be the home address of the customer, a natural person of their choice or a legal entity (delivery to their company). Deliveries cannot be made to hotels or post office boxes.
The Customer must ensure that they have provided accurate and complete information concerning the delivery address (in particular: house number/name, building number/name, staircase, access codes, intercom names and/or numbers, etc.). If it is impossible to deliver the products to the address indicated by the Customer due to an incorrect delivery address or an error by the logistics partner when the Customer collects the order from the chosen collection point or by BPost, a new shipment will be made at the Customer's expense.
Orders are dispatched within a maximum of 10 working days for delivery in Belgium and 20 working days for international delivery, from the first working day following order confirmation. Please note that delivery of personalised or made-to-measure items may take longer than 30 days.
However, the lead time may be extended by up to 10 working days, particularly after the launch of a new collection and from 1 November to 31 December, in view of the significant increase in the volume of orders.
KISANY Social Enterprise only delivers to the following countries: Belgium, France, Switzerland, Spain, Germany, Ireland, Italy, Luxembourg, Netherlands, United Kingdom, United States of America.
KISANY Social Enterprise cannot be held responsible for late delivery caused by force majeure (as defined below).
If the delivery time for products in stock exceeds 10 working days and is not justified by a case of force majeure, the customer may request cancellation of the sale and, within a maximum of 14 days, will receive a refund of the order. KISANY Social Enterprise cannot be held responsible for any direct or indirect damage resulting from a delay in delivery.
IX. Right of withdrawal - returns and refunds
9.1 Duration and conditions of the right of withdrawal
All non-professional customers may exercise their right of withdrawal for a period of fourteen (14) calendar days from delivery, with the exception of personalised and made-to-measure items for which there is no possibility of refund or return.
In this case, the customer must fill out the return form available in his personal account in the orders section, or send the withdrawal form available at the end of the T&Cs to KISANY Social Enterprise at info@kisany.com or by mail to KISANY Social Enterprise SPRL-FS - Service retours - Meusegemstraat 44, 1861 Meise, Belgium. The return request will be confirmed by KISANY Social Enterprise to the customer by email. The customer must follow the procedure mentioned in the confirmation email.
9.2 Conditions of return in the event of the right of withdrawal being exercised
Products must be returned to KISANY Social Enterprise within 14 days of the customer exercising their right of withdrawal. After these 14 days, the sale is final. Products must be returned in their original packaging, with the original labels affixed, in new condition, without having been used or washed.
The return of the product(s) is at the customer's expense and risk.
9.3 Refunds
Reimbursement by KISANY Social Enterprise for returned orders is made within 14 days of notification by the customer of their right to cancel, subject to receipt of the Products and their excellent condition. For all returns, shipping costs are at the customer's expense, except for faulty or damaged products.
Unless otherwise specified by the customer, the refund will be made by the same means of payment used to pay for the order.
Orders paid for by gift card or voucher will always be reimbursed by voucher.
If the Customer does not respect these Terms and Conditions, KISANY Social Enterprise will not be able to refund the Products concerned. In all cases, KISANY Social Enterprise is responsible for return shipping costs if the Product delivered to the Customer is different from the Product ordered, or if it is delivered damaged.
X. Guarantees and liabilities
KISANY Social Enterprise's liability with respect to products is limited to the sale price of each product. KISANY Social Enterprise will not be liable for any of the following losses, regardless of cause:
- Loss of profits or sales
- Losses or income
- Loss of profits, contracts or opportunities
- Loss of hope of savings
- Loss of data
- Loss of business, management or administrative time - Damage to image
- Loss of chance, especially of selling or buying a product - Psychological damage
The documents, details, descriptions and information relating to the products published on the site are not covered by any warranty, express or implied, of any nature whatsoever, with the exception of the warranties provided for by law.
The KISANY social enterprise makes no promises whatsoever regarding any damage that may be caused by the transmission of a computer virus, worm or time bomb.
Trojan horses, cancelbots, logic bombs or any other form of programming routine designed to damage, destroy or otherwise alter the functionality or operation of a computer, including transmission resulting from the download of any content, the software you use to download the content, or the website or server that makes it available. In this regard, the Customer agrees that it is the Customer's responsibility to install appropriate anti-virus and security software on the Customer's computer hardware and other devices to protect against such bugs, viruses or other harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the website is done at the customer's own risk and the customer will be solely responsible for any damage to its computer system or loss of data that results from the download of such content.
KISANY Social Enterprise is only obligated to deliver products that conform to the contract specifications. Products are deemed to conform if the following conditions are met:
(i) they must comply with the description and have the characteristics mentioned on the website;
(ii) they must comply with the uses that can reasonably be expected of them; characteristics mentioned on the website;
(iii) they must conform to the quality and strength that can reasonably be expected of similar products.
In accordance with legal provisions, KISANY Social Enterprise guarantees customers against conformity and hidden defects under the following conditions:
APPARENT DEFECTS
In the event of a visible defect in a Product, the customer must send a request to info@kisany.com within 3 days of the date of delivery. All requests must mention the defect concerned. Failing this, the request will not be accepted and no returns or exchanges will be possible. The Product must be returned, in its original packaging, with the original labels, in new condition, without having been used or washed, and with the Order reference and a copy of the request sent by post to the registered office: KISANY Social Enterprise - Meusegemstraat 44, 1861 Meise, Belgium.
The apparent defect confirmed by KISANY Social Enterprise will give rise, depending on the content of the request and the nature of the defect, to an exchange or refund or a voucher.
NON-CONFORMITY, HIDDEN DEFECTS
Subject to confirmation of non-conformity or latent defect by KISANY or the manufacturer, as the case may be, the customer benefits from the following warranties:
The social enterprise Kisany, with registered office at Meusegemstraat 44, 1861 Meise, Belgium, acting as "guarantor" within the meaning of Book VI of the Belgian Code of Economic Law and the Civil Code.
Therefore, :
- The customer may bring an action based on a lack of conformity, which is time-barred after two years from delivery of the Product;
- In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery;
- In the event of a lack of conformity, the buyer has the choice between repairing or replacing the product, subject to the costs stipulated in Book VI of the Belgian Code of Economic Law.
The legal guarantee of conformity applies independently of the commercial guarantee described below.
The customer may also bring an action based on a latent defect within the meaning of the Civil Code. This legal guarantee for hidden defects allows the customer to request reimbursement for a product that does not conform to the use that can reasonably be expected of it, within a period of 2 years from the discovery of the hidden defect.
The customer has two options: to keep the Product and request a price reduction or to return the Product and request a full refund of the price paid, in accordance with article 1644 of the Belgian Civil Code.
MAJOR FORCE
In the event of an event of force majeure, the party concerned shall inform the other within fifteen (15) days of the occurrence of the event, by e-mail or by registered letter with acknowledgement of receipt. In addition to those regularly cited by the case law of the Belgian courts and tribunals, the following are considered to be cases of force majeure or fortuitous events: total or partial strikes, lock-outs, lock-downs, riots, government curfews, boycotts or other actions of an industrial or commercial nature, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquakes, fire, storms, floods, water, etc.
Damage, governmental or legal restrictions, legal or regulatory changes in marketing, computer breakdowns, blocking of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship.
Non-payment by the customer cannot be justified by force majeure.
All obligations of the parties will be suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the contract may be terminated without compensation for either party.
XI – Partial disability
If any provision of these GTC is held to be invalid or declared as such by virtue of any law, regulation or final decision of a competent court, that provision shall nevertheless be applied to the fullest extent permitted and the other provisions shall remain in full force and effect.
XII – Non-waiver agreement
No tolerance, inaction or inertia on the part of KISANY Social Enterprise may be construed as a waiver of its rights under the GTCS.
XII – Applicable law and jurisdiction
These general terms and conditions are governed by Belgian law.
In the event of a dispute between the Customer and KISANY Social Enterprise, business customers may also contact the European Commission's out-of-court dispute resolution platform available at http://ec.europa.eu/consumers/odr/.
If no amicable solution is found, KISANY Social Enterprise and the Customer agree to submit the dispute to the competent courts.
XIV - Facts about the KISANY socio-economic project
KISANY is a social enterprise incorporated under Belgian law, which does not distribute dividends.
Our social objective focuses on high-end craft training, employment and empowerment of vulnerable women in East Africa.
All our distributable profits are reinvested in our social objectives, in the form of donations to our social partner, the Belgian non-profit organisation "EN AVANT LES ENFANTS", or in the form of capital expenditure to provide more work for our beneficiaries.
Consequently, the purchase of the products does not constitute an appeal to the generosity of the public or a donation giving rise to a reduction in income tax for the purchaser of the products concerned.
If you have any questions: info@kisany.com.
Annex 1: Model withdrawal form
(Only complete and return this form if you wish to withdraw from the contract).
For the attention of KISANY Social Enterprise - Meusegemstraat 44, 1861 Meise, Belgium
Email: info@kisany.com
I hereby inform you that I am withdrawing from the contract for the sale of the following item(s):
Ordered on ............... . (order date) and / or received on ............... . (delivery date)
Order and invoice number :
Name of consumer customer:
Address of consumer customer :
Signature of the consumer (only if this form is submitted on paper)
Date:
LEGAL INFORMATION
It should be noted that the confidentiality of data exchanges is not guaranteed on the Internet and that all Internet users are responsible for taking all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.
I. RESPONSIBLE PUBLISHER
KISANY Social Enterprise, a private company with registered office at Meusegemstraat 44, 1861 Meise, Belgium, registered in Belgium under number 0686793355.
Contact: info@kisany.com
II. HOST
ovh.net
III. DESIGN AND PRODUCTION
odoo.be