These General Conditions of Sale (GCS in short) apply to all Orders and Contracts entered into or to be entered into by the seller for the sale and delivery of products. When you send an order to the seller, specify delivery instructions or take delivery of the products, this implies in all cases that you fully accept the present General Conditions. All our deliveries, services and offers are governed exclusively by these GCS, unless otherwise specifically agreed in writing. We oppose all general or specific conditions which are contrary to, or override, these conditions.
The term “consumer” used in these General Conditions means a natural person placing an order which does not fall within the scope of his professional commercial or liberal activity. A “professional” within the meaning of these Conditions is a natural or legal person who, when placing an order, is acting within the framework and on behalf of his professional liberal or commercial activity. The term “customer” can mean a consumer as well as a professional.
The e-commerce website Kalani is the main internet site of the Kalani brand, however the rights and obligations regarding this website are equivalent on alias websites, other extensions and social networks and blogs linked to the same website. Henceforth, reference is made in the present GCS to the website Kalani other extensions, social networks and blogs of the brand are equally concerned.
If any of the provisions of these General Conditions should be void or should become void or unenforceable, the validity of the other provisions would not be affected. The invalid or unenforceable provision would then be replaced by the applicable legal provisions.
Conditions of registration
When you register, you undertake to provide accurate and complete information. The login name and password for access to the site are confidential and must not be disclosed to third parties. After having clicked on the “register free of charge” button, you will receive a confirmation of your registration by e-mail.
You are solely responsible for any content that you publish in the space reserved for members. This content (for example in the Kalani blogs and social networks) must not infringe the rights of third parties. We are not obliged to retain or publish content transmitted by you, including for example, comments or assessments of products.
You grant us, and we accept, free and permanent authorisation, valid throughout the whole world, to grant sub-licences for the publication, reproduction and dissemination, within the context of the Kalani site. This licence does not oblige us to exercise these rights.
You undertake to refrain from any disruption of the Kalani site and any use of the data contained in this site, beyond a simple online consultation. Any illicit manipulation with the aim of obtaining undue payments or other benefits at the expense of Kalani will result notably in your losing access to your customer account.
Registration to our sites is free and you can terminate it at any time. You may delete your customer account by sending an e-mail with your request to the following address: firstname.lastname@example.org
Conclusion of the contract
The contracts on the sites of Kalani are concluded in French, Dutch, English and German. Product offers are not intended for minors under the age of 18. Minors can only order goods with the authorisation of their legal representatives.
Product offers are valid as long as they are visible on the site in question, within the limit of stocks available. In the event that the product is not available, we will inform you by e-mail as soon as possible and offer you either a product of equivalent value and quality, or the cancellation of your order. In the event of the order being cancelled, the money you have already paid will be reimbursed within a period of fourteen (14) days following the cancellation of the order.
After you have selected the desired product or products, you should fill out an order form and click on the “next” icon. After that, you will be able to verify the details of the order and modify it. The “confirm order” button allows you to confirm your order for the goods contained in the shopping cart; the order then becomes final. We will acknowledge receipt of your order by an order confirmation automatically sent by e-mail to the address that you have indicated.
When you place an order, you indicate your acceptance of the prices and descriptions of the products that you have placed in the shopping cart.
The Customer may in no case blame the Seller for any malfunction of the Kalani site. The Customer may not exercise any claim of any kind whatsoever towards the Seller.
Payment and delivery
Our prices include VAT.
Unless otherwise specifically confirmed in writing, the price is payable cash in full on the day the order is placed. The seller is not obliged to make delivery of the products ordered by you if the price has not previously been settled in full. Unless specified otherwise, the Seller does not grant any discount.
At the end of the ordering process, you will be offered several payment methods to pay for your purchases. Depending on the result of the analysis of the level of trust in the transaction, we reserve the right not to propose certain payment methods to you.
Whichever payment method you choose, all payments will only be considered as definite once we have effectively collected the total amounts due to us. We can only accept payments from the European Union. We cannot accept any costs associated with payments from third countries.
You agree to receive your invoices exclusively in electronic form.
Within the framework of a sale to a professional, penalties for default payment for the settlement date indicated on the invoice are due at a rate of 10% per year as well as a flat rate of 10% with a minimum of 250 EUR. This is all without any formal notice.
The professional buyer holds sole responsibility for the information he communicates, notably concerning his VAT number.
The information related to your order is subject to automated data processing for which the person in charge is Ingenico e-Commerce Solutions BVBS/SPRL.
The Seller delivers exclusively in the European Union. We reserve the right to cancel or refuse any order for a delivery to an address outside this territory. For geographical areas outside the European Union, please write to email@example.com
The products ordered will be sent to the address indicated by you during the ordering process. We are not responsible for delivery delays caused by your indicating an incorrect or incomplete address.
When the Seller is unable to carry out the contract due to “force majeure” or an unforeseen incident as defined by Belgian jurisprudence, or an external cause, including a fault that is attributable to you, the delivery time is extended as of right depending on the duration of the delay. We will inform you by e-mail about the occurrence and the expected end of the delay. If the delay lasts for more than four (4) weeks, each party shall be free to terminate the contract as of right, without your being able to claim any compensation from us.
If you are a consumer, the transfer of risks takes place at the time the products are delivered to the delivery address provided by you or when the package is picked up from the carrier. If you are a professional, the transfer of risks takes place at the time the goods are shipped by us.
Retention of ownership
The seller retains ownership of the goods delivered until full payment of the amount of the order.
The above retention of ownership clause shall not preclude your bearing the expense of the risks of loss or deterioration of goods once they are delivered (for consumers) or shipped (for professionals).
Right of withdrawal
In accordance with the provisions of the Code of Economic Law, our consumer customers have a period of fourteen (14) days, increased to thirty (30) days with Kalani, from receipt of goods in which to exercise their right of withdrawal without having to justify their reasons or to pay any penalties, except for the costs of returning the goods. No right of withdrawal exists for products manufactured in accordance with the Customer’s specifications or clearly personalised or which, because of their nature, cannot be returned or are liable to deteriorate or expire rapidly.
Notification of the exercise of the right of withdrawal may be sent to us by any means of communication to the addresses and numbers provided at the beginning of these General Conditions of Sale, by using the form of withdrawal.
Goods must be returned to us, within 30 days of the notification of the withdrawal, in their original packaging and in perfect condition enabling them to be re-sold in an unused condition. You have the right to open the packaging and to try the products delivered insofar as this does not render the goods unsuitable for re-sale. It is therefore not permitted to return products which have been used or washed. For reasons of hygiene, cosmetics or care items, as well as underwear, must be returned unopened and unused, failing which no reimbursement can be made..
In the event of the exercise of the right of withdrawal within the above mentioned period, the total price of your returned purchases will be fully refunded by bank transfer to the account you indicated us for this purpose as soon as possible and at the latest within 14 days of receipt of the returned goods. You may, if you wish, choose our proposal for another means of reimbursement (a credit or a purchase voucher).
It is important to know that Belgian legislation prohibits any merchant or e-merchant from making a refund for any payment made with ecocheques (regardless of the issuing company of the ecocheques: Edenred, Sodexo, Up Monizze or whatever their origin). Therefore, refunds of payments made with EcoCheques, EcoPass, EcoVoucher, TicketsCompliments, CadeauPass, are not legally permitted by law. However, in the event of a return, we are allowed to give you an exchange voucher or a gift voucher.
The websites Kalani are a property protected by law. Its contents, including texts, illustrations, photographs, presentations and databases are strictly reserved and covered by copyright and industrial property rights.
The corporate names, trademarks and distinctive signs appearing on Kalani sites are protected by Belgian and European legislation. Any use, reproduction, distribution or representation of all or a part of one of the above-mentioned signs without the express written permission of the licensee concerned is prohibited.
Applicable law and competent courts
The contractual relationships between Kalani and our consumer customers and professionals are subject exclusively to Belgian law.
The French-speaking courts of the legal district of Nivelles in Belgium will be the only courts competent to resolve disputes concerning the implementation of the contract and the obligations of the parties.
Settle a legal dispute in Europe
If you are a European citizen and would like to settle a legal dispute, you can use the online dispute resolution service to assist you: webgate.ec.europa.eu/odr/