TERMS & CONDITIONS
www.kisany.com (hereinafter the “Website”) is published by the company KISANY Social Enterprise, a Belgian “ société privée à responsabilité limitée à finalité sociale ” with a share capital of 18.600 €, with a registered office situated 31A Rue Là Haut – 1380, Lasne, Belgium, registered with to the Belgian Register under no. 0686793355, with an intra-community VAT no. BE 0686.793.355 (hereinafter “ KISANY Social Enterprise ”).
I – GENERAL PROVISIONS
The General Terms and Conditions of Sale detailed below apply to all orders placed with KISANY Social Enterprise for all products and services offered on the Website (the “T&C’s”). They can be accessed at any times on the Website.
KISANY Social Enterprise reserves the right to adapt or modify the T&C’s at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order. Consequently, placing an order by a client implies complete adherence, without reservation, to these terms and conditions.
II – WEBSITE’S INFORMATION AND ACCESS
www.kisany.com is an e-commerce merchant owned and managed by KISANY Social Enterprise.
The Website is available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by KISANY Social Enterprise or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. “force majeure events” as recognised by the Belgian courts. KISANY Social Enterprise is not liable for any damage incurred by an unavailability of the Website.
KISANY Social Enterprise does not make any promises about the availability or accessibility of the Website or guarantee that the access to the Website, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, our developer may be obliged to partially or totally suspend access to the Website temporarily and without notice. By accepting these Conditions of Use, users accept any such technical interruptions.
KISANY Social Enterprise reserves the right to update the Website, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, Users may be informed of the changes made but their acceptance to such changes will not be required.
III – SUBSCRIPTION TO THE WEBSITE
To place an order, the client can at first create a personal account by filling its personal data for the name, surname and email (the “Personal Account”).
Subscription of the client shall be validated by KISANY Social Enterprise after checking the standard form filled by the client. A confirmation of the subscription is sent to the client by email.
By creating the Personal Account, the client ensures the accuracy and completeness of the data provided. Client shall update its personal data. If an error occurs relating to the recipient address, KISANY Social Enterprise shall not be held liable in case of any inability to deliver the products ordered.
In order to place an order, client must have attained majority and enjoy its full legal capacity to enter into contracts, and possess a valid payment card issued by a bank acceptable to KISANY Social Enterprise payment provider. KISANY Social Enterprise reserves the right to refuse any request or order and to close an account at its sole discretion.
IV – PRODUCTS
The products offered for sale are those described and available on the Website, within the limit of available product stock. Nevertheless, errors occurring during the update cannot held the liability of KISANY Social Enterprise. KISANY Social Enterprise cannot be liable in case of an order cancellation because of stock depletion.
KISANY Social Enterprise takes the greatest care in the presentation and description of the products in order to provide the client with the best possible information. However, some non-substantial errors may appear on the Website, which the client acknowledges and agrees to.
Slight variations are to be expected as all or items are hand-embroidered. This is what makes each pieces one of a kind.
It is possible that client may receive an item previously returned by another person. Nevertheless, intact items that have not been used are only accepted, after thorough check before being placed back in stock.
V – ORDER
Acceptance of an order placed on the Website is subject to compliance with the procedure put in place by KISANY Social Enterprise, expressed by a succession of different stages that the client shall follow in order to validate their order.
Client may at any time change or remove the products added in its bag (the “Bag”). The Bag summarizes the products selected by the client, as well as its price, V.A.T. and shipping costs, including customs and other taxes, except for the countries outside the European Union VAT area. Client may modify at any time its Bag before validating the order. Confirmation of the order by the client implies the acceptance of all provisions of T&C’s.
An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the client by KISANY Social Enterprise. For this purpose, the client formally accepts the use of email for receiving confirmation of the contents of their order from the company KISANY Social Enterprise.
VI – ORDER REFUSAL
KISANY Social Enterprise reserves the right to remove at any time any product displayed on the Website and/or to replace or modify any content or information related to any product. Despite the best efforts of KISANY Social Enterprise to satisfy the client expectations, KISANY Social Enterprise may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.
KISANY Social Enterprise cannot be held liable to the client or a third party in case of the removal of a product from the Website, and in case of the replacement or modification of any content published on the Website or refusal of an order after having confirmed it by email.
KISANY Social Enterprise reserves the right to refuse or cancel any Order placed by a client with whom KISANY Social Enterprise has currently a dispute concerning the payment of a previous order.
VII – PRICES AND TERMS OF PAYMENT
Price are mentioned in the Website in Euros. Prices includes V.A.T..
Certain countries outside the European Union may be subject to additional charges (duties, taxes) upon reception depending upon the legislation of their country.
KISANY Social Enterprise reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability.
The products are payable on the day of the order.
The purchases shall be settled via the secure platform provided by our partners Bancontact, PayPal, or via STRIPE.
Paypal (Europe) S.à.r.l. et Cie, is a Luxembourg limited partnership limited by shares, registered with the R.C.S. of Luxembourg under the number B118349, whose registered office is located at 22-24, Boulevard Royal – L-2449 Luxembourg. For all information, the Client may consult the following website: https://www.paypal.com.
Stripe Payments Europe Ltd is a company registered in Dublin (Ireland) under number 513174, whose registered office is located 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 under Belgian law, registered under the number 0675 984 882 RPR/RPM of Brussels, whose registered office is located : Rue d’Arlon 82, 1040- Brussels, Belgium. For all information, the Customer may consult the following website: www.bancontact.com.
The client expressly acknowledges that disclosure of their bank card number to KISANY Social Enterprise gives the company authorization to debit their account to the amount of the products ordered. As the case may be, a notice of the order cancellation for error of payment is sent to the client by KISANY Social Enterprise to the email address registered by the client. The purchase is binding only if the payment made by the client is completed without errors or issues.
The data recorded and kept by KISANY Social Enterprise constitutes proof of the order and all previous transactions. The data recorded by PayPal or STRIPE constitutes proof of the financial transactions between the client and KISANY Social Enterprise.
VIII – DELIVERY
You have the possibility to have your order delivered free of charge to one of our addresses, in our Workshop or in our shop in Brussels (Ixelles).
– Our Boutique Kisany is located at 469, Chaussée de Waterloo in 1050 Brussels and we receive by appointment.
– Our Workshop is located at 100 Rue Profonde in 1970 Wezembeek-Oppem and we receive by appointment.
You will receive an e-mail as soon as your order is ready.
Deliveries by BPost are carried out from Monday to Friday, depending on the option chosen by the client at the time of validating their order.
Delivery operates at the time of the transfer of the product’s physical possession to the client (the “Delivery”).
The risk of lost or deterioration of the Product is transferred to the client at the time of the Delivery.
Delivery prices applicable to the Order are those indicated on the Website at the time of the Order in the section “Delivery and returns”.
The delivery is made to the delivery address indicated by the client, being specified that it must be the address of the customer’s residence,
an individual of their choice or a legal entity (delivery to their company). Deliveries cannot be made either to hotels or P.O. boxes.
Client must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the client due to an incorrect delivery address or error by the logistics partner the Customer’s withdrawal of the Order from the selected pick-up point or BPost, a new shipment will be made at the Customer’s expense.
Orders are shipped within 10 business days at most for a Delivery in Belgium and 20 business days for an International Delivery, from the first business date after the confirmation of the Order. Please note that the delivery of personalized or bespoke items may exceed 30 days. Nevertheless, the period may be extended up to 10 working days, especially after the launch of a new collection and from 1st of November to December 31, considering the significant increase of the orders volume.
KISANY Social Enterprise only deliver to the following countries: Belgium, France, Switzerland Spain, Germany, Ireland, Italy, Luxembourg, The Netherlands, United Kingdom, United States of America.
KISANY Social Enterprise cannot be liable for the late Delivery caused by a case of force majeure (as defined below).
If the delivery time is exceeded by 10 working days and is not justified by a case of force majeure,
the client may request the cancellation of the sale and within a maximum period of 14 days will receive a refund of the Order. KISANY Social Enterprise cannot be liable of any direct or indirect damage resulting from delay of delivery.
IX. WITHDRAWAL RIGHT – RETURNS & REFUNDS
9.1 Withdrawal right’s duration and conditions
Any non-professional customer could use its withdrawal right during a period of fourteen (14) calendar days from the Delivery. Exception made for personnalized and bespoke items for which there is no possibility of refund or return.
In such case, the client must fill the return form available in their personal account in the orders section, either send the withdrawal form available at the end of the T&C’s to KISANY Social Enterprise at [email protected] or by mail at KISANY Social Enterprise SPRL-FS – Service retours – 31A Rue Là Haut – 1380, Lasne, Belgique. The return request will be confirmed by KISANY Social Enterprise to the client by email. The client must follow the procedure mentioned into the email confirmation.
9.2 RETURN CONDITIONS IN CASE OF THE USE OF THE WITHDRAWAL RIGHT
The products must be returned to KISANY Social Enterprise within 14 days from the use of the withdrawal right by the client. After such 14 days, the sale is final. The products shall be returned with its original packaging, with the original labels attached, brand new, without having used it or washed it.
Return of the product(s) is the responsibility of the customer and is at their own risk.
A refund by KISANY Social Enterprise for the order returned is made within 14 days by the communication by the client of the withdrawal right, subject to the receipt of the Products and its excellent condition. For all returns, transportation costs are for the customer except for wrong or damaged products.
Except as otherwise indicated by the client, repayment will be made through the same payment means used to pay the Order.
The repayment of an order paid by gift card or a voucher will always be by voucher.
If the Client does not comply with these T&Cs, KISANY Social Enterprise will not be able to refund the Products concerned. In all cases, the return costs are borne by KISANY Social Enterprise if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
X. GUARANTEES & RESPONSIBILITIES
KISANY Social Enterprise’s liability related to the Products is limited to the
sale price of each product. KISANY Social Enterprise will not be responsible or liable for any following losses, whenever its cause:
– Loss of benefit or sales
– Loss or revenue
– Loss of profits or contract or opportunity
– Loss of expecting savings
– Loss of data
– Loss of business, management or administration time – Damage to the image
– Lost chance and especially of sale or purchase of a product – Psychological damage.
Documents, details, descriptions and information related to the Products published on the Website are not covered under any guarantee, express or implicit, except the guarantees provided by law.
KISANY Social Enterprise makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the Website or the server that makes it available. In this respect the client agree that it is its responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such 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 client’s own risk and the client will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.
KISANY Social Enterprise is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled : (i) they shall be compliant with the description and have the features mentioned on the Website; (ii) they shall be compliant with the uses which may reasonably be expected of it;
(iii) they shall compliant with the quality and strength which may reasonably be expected of similar products.
According to legal regulations, KISANY Social Enterprise guarantees the clients against compliance and latent defects, under the following conditions:
In case of visible defect of a Product, the customer shall send a demand to [email protected] within 3 days from the Delivery date. All demands shall mention the defect concerned. Failing that, the demand won’t be accepted and no return or exchange will be possible. The Product shall be returned, with its original packaging, with the original labels, brand new, without having used it or washed it, and which the Order reference and copy of such demand shall be sent by mail to the headquarter: KISANY Social Enterprise – 31A Rue Là Haut – 1380, Lasne, Belgique.
Visible defect confirmed by KISANY Social Enterprise shall give rise, depending of the demand’s content and the nature of the defect, to exchange or repayment or a voucher.
NON-COMPLIANCE, LATENT DEFECTS
Subject to the confirmation of a non-compliance or a latent defect by KISANY or the manufacturer, as the case may be, the customer shall enjoy the following guarantees:
Kisany Social Enterprise, with a registered office located at 31A Rue Là Haut – 1380, Lasne, Belgium, acting as a “guarantor” with the meaning mentioned in Book VI of the Belgian Code of Economic law and Code Civil.
– The client may introduce an action resulting from lack of conformity lapses two years after 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 lack of conformity, the buyer shall choose between repair and replacement of the product, subject to the costs according to Book VI of the Belgian Code of Economic law.
The legal guarantee of compliance applies regardless the commercial guarantee described below.
The client may also introduce an action based on the latent defect as the meaning of the Code Civil. Such legal guarantee of latent defect allows the client to ask for the repayment of a product which is not compliant with the
use which may reasonably be expected of it, within 2 years from the discovery of the latent defect.
The client has the choice between two options: keep the Product and ask for a price discount or return the Product and ask for the complete repayment of the price paid, according to the Article 1644 of the Belgian Code Civil.
Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgement of receipt. Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the Belgian courts and tribunals, are total or partial strikes, lockouts, lockdowns, riots, government curfews, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water, damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.
Failure to pay by the customer cannot be justified by a case of force majeure.
All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties.
XI – PARTIAL INValiIDITY
If any provisions of this T&C’s are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
XII – NO-WAIVER AGREEMENT
No tolerance, inaction or inertia on KISANY Social Enterprise’s part may be interpreted as a waiver to exercise its rights under the GTC.
XII – APPLICABLE LAW AND JURIDICTION
These General T&Cs are governed by the laws of Belgium.
In the event of a dispute between the Client and KISANY Social
Enterprise Clients might also contact the platform of amicable solution to the dispute of the European Commission available at http://ec.europa.eu/consumers/odr/.
If no amicable solution to the dispute is found, KISANY Social Enterprise and the Client agree to refer the dispute to the competent courts.
XIV. Facts Relating To The KISANY Socio-Economic Project
KISANY Social Enterprise is a Belgian registered company with a social purpose, which does not proceed to the distribution of any dividends.
Our social purpose focuses on the high-end crafts training, the employment and empowerment of vulnerable women in East Africa.
All our distributable profits are reinvested in our social purpose, as donations to our social partner the Belgian non-profit organisation « EN AVANT LES ENFANTS » or as investment expenditures that ensure more work for our beneficiaries.
As a result, the purchase of the products does not constitute an appeal to the generosity of the public nor a gift giving rise to an income tax reduction for the buyer of the products concerned.
For any question: [email protected]
SCHEDULE 1: MODEL RETRACT FORM
(Complete and return this form only if you wish to withdraw from the contract.)
To the attention of KISANY Social Enterprise – 31A Rue Là Haut – 1380, Lasne, Belgique
Email: [email protected]
I notify you of my withdrawal of the contract for the sale of the property (s) below:
Ordered on …………… .. (date of order) and / or received on …………… .. (date of delivery)
Name of the Consumer Client: Consumer Customer Address:
Signature of the consumer Customer (only in case of notification of this form on paper)
It should be noted that confidentiality of data exchanges is not guaranteed over the Internet, and that every internet user is required to take all appropriate measures to protect their own data and/or software from contamination of any possible viruses circulating on the Internet.
KISANY Social Enterprise, a Belgian “ société privée à responsabilité limitée à finalité
sociale ” with a share capital of 18.600 €, with a registered office situated 31A Rue Là Haut, 1380, Belgium, registered to the Belgian Register under no. 0686793355
Contact : [email protected]
III. DESIGN & PRODUCTION