KUDUHOME Online Terms & Conditions
These are the terms and conditions governing the use of this website and the agreement that is entered into between us and you (hereinafter, “the Terms”). Before You click on the “Order and Payment” button to place the order, please carefully read these Terms and our Privacy Statement. By using this website or placing an order through it, You are consenting to be bound by these Terms and our Privacy Statement. If You do not agree to all of the Terms and the Privacy Statement, do not place an order.
These Terms may be subject to amendment, so You should carefully read them each time that You place an order.
If You have any questions about the Terms or our Privacy Statement ).
By placing an order through the website, You warrant that You are at least 18 years old and are legally capable of entering into binding contracts.
3. SERVICE AVAILABILITY
Items offered through this website are only available for delivery to the following Member States of the European Union: Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Spain, Sweden and the UK.
4. HOW THE CONTRACT IS FORMED
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between You and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded.
To place an order, You will be required to follow the shopping process online and press the “Authorise Payment” button to submit the order. After this, You will receive an e-mail from us acknowledging that we have received your order (the “Acknowledgement of Receipt”). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to You by sending You an e-mail that confirms that the product has been dispatched (the “Order Confirmation”). The contract for the purchase of a product between us (Contract) will only be formed when we send You the Order Confirmation.
The Contract will relate only to those products whose dispatch we have confirmed in the Order Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Order Confirmation.
5. AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give You information about substitute products of an equal or higher quality and value which You can order. If You do not wish to order such substitute products, we will refund any monies that You might have paid.
6. REFUSAL OF ORDER
We reserve the right to withdraw any Product from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent You an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
We will not be liable to You or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent You the Order Confirmation.
7. YOUR RIGHTS TO CANCEL “Cooling Off“.
If You are contracting as a consumer, You may cancel a Contract at any time within 14 days, as of the day after the day of delivery of the product. In this case, You will receive a full refund of the price paid for the products in accordance with our Returns Policy (see below Clause 13).
Your right to cancel a Contract only applies to products that are returned in the same condition as You received them. You should also include all of the product’s instructions, documents and wrappings. Any product which is damaged or not in the same condition as You originally received it will not be refunded.
Please take good and reasonable care of the products whilst in your possession, and where possible original boxes, instructions/documents and wrappings should be retained and used for the return of the products
Further details of this statutory right and an explanation on how to exercise it are set out in clause 13 of these Terms and are summarized on the Dispatch Confirmation
This clause does not affect your statutory rights as a consumer.
Subject to the provisions of Clause 5 above, and unless there are any special or exceptional circumstances, we will endeavour to fulfill your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, within 15 days of the date of the Order confirmation.
Reasons for delay may include:
- Customisation of products;
- Specialised items;
- Unforeseen circumstances; or
- Delivery area.
If for any reason whatsoever, we cannot meet the delivery date, You will be kept informed and offered a choice of either continuing with the purchase by setting an extended delivery time or cancelling the order with a full refund of the price paid. Please note however, that we do not deliver on Saturdays or Sundays.
For the purpose of these Terms, the “delivery” shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon Your signing for receipt of the products at the agreed delivery address.
9. UNABLE TO DELIVER
If we are unable to deliver the goods after two attempts, we will use our best reasonable efforts to try to find a safe secure place to leave your parcel. We will leave a note explaining where your parcel is and how You can take delivery.
10. RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the products will only pass to You when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 8 above), should this be later.
11. PRICE AND PAYMENT
The price of the products shall be the one quoted from time to time on our website, except where there is an obvious error. Whilst we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) You have ordered, we will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact You, the order will be treated as cancelled and if You have already paid for the product(s) You will receive a full refund.
We are under no obligation to sell the product(s) to You at the incorrect (lower) price (even after we have sent You an Order Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognised by You as such.
The prices displayed on our website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Costs Guide.
Prices may change at any time but (except as provided above) any potential change will not affect any order regarding which an Order Confirmation has been sent.
Once You have finished shopping, all the items You wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. To do this:
- Click the ”Shopping basket” button at the top of the page
- Click on ”Proceed to checkout”
- Enter your billing details
- Click on the ”Next” button
- Enter your billing details, then click on ”Next”
- Review your order Information, then click on ”Next”
- Choose your payment method
Payment can be made by Bancontact/Mistercash, Giropay, Sofort, KBC/CBC, ING HomeBANK, Belfius NetBanking, Visa, iDeal, Mastercard, Maestro. To minimise the possibility of unauthorised access, the details of your credit card will be encrypted. Upon receiving your order, we will make a pre-authorisation on your credit card to ensure there are enough funds to complete the transaction. The amount of the purchase will not be charged to your card until your order is dispatched from our warehouses.
By clicking on the “Authorise Payment” button, You are confirming that the credit card is yours.
We use Ingenico to ensure payment is made safely and your Card details remain secure.
Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery and we will not be able to form any Contract with You.
12. VALUE ADDED TAX
Pursuant to the prevailing rules and regulations in force, all purchases done through the web site are subject to the Value Added Tax (VAT).
The place of supply shall be deemed to be within the EU Member State of the address where items are to be delivered. In the case of sales to an EU Member State exceeding the threshold set out in Article 34 of Directive 2006/112/EC, as amended in Annex 1 of March 2014, applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied as per the orders placed.
Pursuant to the applicable rules and regulations in each jurisdiction, the rule of the “reverse charge” (article 194 of Directive 2006/112) may apply to goods supplied in certain Member States of the European Union if the customer is, or is required to be, a taxable person for VAT purposes. If this is the case, no VAT will be charged by us, subject to the confirmation by the recipient that the VAT on the items supplied will be accounted for by the customer under the reverse charge procedure.
13. EXCHANGES/RETURNS POLICY
Returns in the exercise of the right to cancel your purchase
General policy: If You wish to cancel the Contract within the period specified in Clause 7 above, You can make a return to us by contacting us on the ”Returns” section of our website, where you will receive instruction on how to proceed. You should send the product in the same package received and follow the directions on the “Returns” section of our website. This option will not entail any additional cost to You. You will be responsible for the cost of returning the product to us where You are not able to do so via one of the free option offered. Please note that if You return the goods to us at our expense, we will be entitled to charge You for the direct cost we might incur as a result.
If You have any doubts You can contact us through our web form.
Please use or include with the product being returned all original boxes, instructions/documents and wrappings.
After reviewing the product, we will let you know whether or not you have a right to a refund. We will process your refund as soon as possible (and in any case, within 30 days of giving us notice of cancellation). We will refund any money received from You using the same method used to make payment.
Such products which are not in the same conditions as those of delivery or which have been used beyond the mere opening shall not be exchanged or refunded.
Exchange is limited to exchange for the same product, of a different colour.
Returns of defective products
In circumstances where You consider that the product does not conform to the Contract at the time of delivery, You should promptly contact us via our web form with details of the product and its damage. We will endeavour to respond promptly with instructions on how to proceed.
Upon receipt of the returned product, we will fully examine it and notify You of your right, according to what You have chosen, to a replacement or refund (if any) via e-mail within a reasonable period of time. We aim to process the refund or replacement as soon as possible and, in any case, within 30 days of the day we confirmed to You via e-mail that You are entitled to a refund or replacement for the non-conforming product.
In case of existence of any defect, defective products will be refunded in full, including a refund of the delivery charges and any reasonable costs incurred by You in returning the item. We will always refund any money using the method used to make payment.
This provision does not affect your statutory rights under the regulations in force.
14. LIABILITY AND DISCLAIMERS
Our liability in connection with any Product purchased through our web site is strictly limited to the purchase price of that Product.
Notwitstanding the above, nothing in these Terms shall exclude or limit in any way our liability:
- For death or personal injury caused by our negligence;
- For our fraud or gross negligence or the gross negligence of our employees and agents; or
- For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:
- loss of income or revenue;
- loss of business;
iii. loss of profits or contracts;
- loss of anticipated savings;
- loss of data; and
- waste of management or office time.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
All product descriptions, information and materials posted on this website are provided “as is” and without warranties express, implied or otherwise howsoever arising.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
15. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent You using this website to the extent necessary to make a copy of any order or Contract details.
16. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to You should be in writing. When using our site, You accept that communication with us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by You to us should be given to us preferably via our web form. Subject to and as otherwise specified in clause 16 above, we may give notice to You at either the e-mail or postal address You provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between You and us is binding on You and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.
19. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with the provisions of the paragraph on Notices above.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between You and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.
Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between You and us prior to such Contract except as expressly stated in these Terms.
Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.
23. OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time.
You will be subject to the policies, Terms in force at the time that You order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case it will apply to orders previously placed by You.
24. LAW AND JURISDICTION
Contracts for the purchase of products through our site will be governed by Belgian law.
Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Brussels.
If You are contracting as a consumer, nothing in this clause will affect your statutory rights as such.
We welcome your comments and feedback. Please send all feedback and comments to us via our web form.