Legal notice
QUUT GENERAL TERMS AND CONDITIONS OF SALEDefinitions and Scope of These General Terms and Conditions
1.1. This website is offered by:
Kaaiman Lifestyle BV
Neerveld 14,
2550 Kontich
Belgium
KBO number (VAT BE): 0871.965.563
If you have any questions or comments, you can contact us at info@quuttoys.com
1.2. The following terms have the following definitions:
'Buyer': any natural person (B2C) or legal entity (B2B) who enters into a contractual relationship of any kind with Kaaiman Lifestyle BV (hereinafter also referred to as: "you" or "your"). The Buyer agrees not to purchase the products of Kaaiman Lifestyle BV with the sole intention of reselling or otherwise distributing them.
'Consumer': any natural person acting for purposes outside their business or professional activity.
'Products': all goods and services that are the subject of one or more sales agreements.
'Goods manufactured to the consumer's specifications': non-prefabricated goods manufactured on the basis of an individual choice or decision by the consumer.
'Sales Agreement': any agreement whereby Kaaiman Lifestyle BV transfers or undertakes to transfer the ownership of goods to the consumer; and the consumer pays or undertakes to pay the price thereof, including any agreement that has both goods and services as its subject.
1.3. These General Terms and Conditions of Sale apply to all current and future sales of Products by Kaaiman Lifestyle BV to the Buyer. The Buyer accepts these terms, as well as all other rights and obligations as stated on the website, by using the website and/or placing an order.
1.4. These General Terms and Conditions of Sale always and exclusively apply, unless expressly deviated from. An express deviation is only valid insofar as it results from a mutual agreement recorded in writing. Express deviations only apply as a replacement or supplement to the clauses to which they relate. This does not affect the applicability of the remaining provisions of these General Terms and Conditions of Sale.
1.5. Kaaiman Lifestyle BV reserves the right to amend and/or supplement the General Terms and Conditions of Sale in the future. A future amendment shall have no effect on existing product orders and the resulting agreements.
2. Offer and Acceptance
2.1. Our online offer is presented with the greatest care and in accordance with the best market standards. Kaaiman Lifestyle BV provides information about the characteristics of the products, including technical descriptions based on data from our partners and suppliers, and photos to illustrate the products. The images on our website give an approximate representation of the essential characteristics of our products.
2.2. Our online offer constitutes an invitation to purchase. Kaaiman Lifestyle BV is not bound by its offer. An offer is only valid while stocks last. We reserve the right to attach special conditions to a specific offer, such as a limited validity period. The Buyer can be assured that these conditions will only apply if they have been explicitly communicated prior to the order.
2.3. To purchase a product from the Kaaiman Lifestyle BV range, the Buyer must complete our online ordering process. Upon completion of this process, the purchase is binding on the Buyer. Kaaiman Lifestyle BV will send an order confirmation to the email address provided by the Buyer when placing the order within seven (7) calendar days. The sales agreement is concluded once the Buyer has received the order confirmation by email from Kaaiman Lifestyle BV.
2.4. Kaaiman Lifestyle BV reserves the right to refuse to send an order confirmation by email or to unilaterally reject an order by means of an explicit statement. Kaaiman Lifestyle BV will notify the Buyer of this and (if possible) propose a comparable product if the original order cannot be fulfilled in whole or in part. There is no sales agreement if Kaaiman Lifestyle BV refuses the order or if the Buyer does not agree with the proposed alternatives. In that case, all payments already made will be refunded promptly. The Buyer has no right to any form of compensation.
2.5. The parties expressly acknowledge that the use of various forms of electronic communication, such as Kaaiman Lifestyle BV's online ordering process and email, gives rise to a valid agreement. This is fully in accordance with the provisions in Books VI and XII of the Code of Economic Law regarding electronic commerce ('distance selling'). Within the limits of the law, Kaaiman Lifestyle BV may use all available electronic files to prove the existence of the sales agreement. An ordinary digital or electronically qualified signature is not a necessary form of proof.
3. Prices
3.1. All prices are stated in euros and are inclusive of VAT and other taxes. The individual product price excludes shipping costs and other additional charges. Kaaiman Lifestyle BV discloses these costs in the final step of the online ordering process.
3.2. The price as shown on the order confirmation is the final price to be paid, subject to express exceptions in these General Terms and Conditions. Obvious pricing errors, such as apparent inaccuracies, may still be corrected by Kaaiman Lifestyle BV after the sales agreement has been concluded. The Buyer must report any complaints regarding pricing or payment in writing within seven (7) calendar days of the order confirmation. Filing a complaint does not suspend the payments due.
3.3. We reserve the right to change our prices at any time, but commit to always applying the prices listed on our website at the time of your order. Price changes resulting from changes in VAT rates are for the account of the Buyer.
3.4. The use of certain selected payment methods may involve additional costs, which are solely for the account of the Buyer.
4. Payment
Kaaiman Lifestyle BV aims to process every payment quickly and in full, i.e. upon placing the order by the Buyer. We accept the payment methods indicated on our website:
• Mastercard
• VISA
• Bancontact/Maestro
• KBC/CBC Online
• Belfius Netbanking
• iDeal
Kaaiman Lifestyle BV has taken all reasonable measures to ensure secure payments. The use of the above-mentioned authorised payment partners and credit card issuers provides the necessary guarantees.
For further processing of the payment, we use the secure payment system of Ingenico. This closed security system processes your banking details in encrypted form. Security measures via the SSL protocol are in place.
Kaaiman Lifestyle BV will only deliver the order once all amounts owed by the Buyer have been paid in full. Kaaiman Lifestyle BV always retains ownership of all ordered products until all amounts due under this Agreement have been paid in full, regardless of whether delivery has already taken place.
5. Delivery
We process every order with due care. The order will be processed within thirty (30) calendar days of the order confirmation. Kaaiman Lifestyle BV has the right to set broader delivery periods, which will be communicated within a reasonable period after the order confirmation. The Buyer may only dissolve the agreement if Kaaiman Lifestyle BV fails to deliver the products within the communicated delivery period. In the event of such dissolution, Kaaiman Lifestyle BV will refund all amounts paid without delay and at the latest within fourteen (14) calendar days after termination of the agreement.
Kaaiman Lifestyle BV uses external parties and carriers for the execution of delivery:
• Active Ants: https://www.activeants.nl/ (e-fulfilment partner)
• PostNL, BPost, DHL, Colissimo, DPD (delivery partners)
Kaaiman Lifestyle BV accepts no responsibility for a delivery that arrives late due to shortcomings of third parties, for an order that is lost due to third parties, or due to unforeseen circumstances and force majeure. If a dispatched order is not delivered, Kaaiman Lifestyle BV will conduct an investigation with the carrier. This may take several days. During this period, Kaaiman Lifestyle BV cannot provide a refund or re-deliver the products.
The Buyer is responsible for making delivery possible at the stated address, either by being present at that address or by designating a third party who is present at the stated address at the time of delivery. A delivery is carried out once the ordered products are offered at the stated address. If a delivery fails due to a fault of the Buyer or a third party designated by the Buyer, the costs of this delivery attempt are entirely for the account of the Buyer.
Kaaiman Lifestyle BV bears the risk of damage and/or loss of the products until the moment of delivery. The risks associated with the goods transfer from Kaaiman Lifestyle BV to the Buyer upon delivery. Every delivery requires a signature on the delivery confirmation, but the absence of a signature does not affect the transfer of risk.
6. Warranty
The statutory warranty period, as determined in Articles 1641 to 1649 of the Belgian Civil Code, applies without limitation to this agreement. Every Buyer therefore has the right to repair or replacement if they identify a defect in the delivered products, provided the requirements of the statutory warranty are met. Furthermore, the Consumer benefits from a statutory warranty period of two (2) years (Articles 1649bis – 1649quinquies of the Belgian Civil Code). The warranty does not apply if the Buyer was aware of the defects at the time of the sale.
The Buyer, or the third party designated by them, is obliged to carefully inspect the products immediately upon receipt for their conformity. If the product has a visible defect and the recipient notices this defect, they must file a complaint. The Buyer must report these complaints in writing and in an explicit, unambiguous and motivated manner to Kaaiman Lifestyle BV via the contact details stated in these General Terms and Conditions. This must be done within seven (7) days of delivery. It is the duty of the Buyer to sufficiently substantiate this notification. We recommend a statement making use of all reasonable technical means, such as photos and videos.
The Buyer must return the defective products in accordance with Article 7.2 below in their original condition, including packaging, accessories and documentation, accompanied by the original invoice or valid proof of payment. Failure to fulfil this obligation will result in a proportional reduction of the refund. All costs for returning the shipment are for the account of the Buyer. Returning an order is always at the risk of the Buyer. We recommend a registered and insured return shipment to prevent the risk of loss and theft. This return must be made within seven (7) calendar days of the notification.
The Buyer must return the defective products to Kaaiman Lifestyle BV at the following address:
Quuttoys.shop
Borchwerf 5
4704 RG Roosendaal
THE NETHERLANDS
The warranty does not apply in the event of:
• Damage caused by normal wear and tear; unintentional or intentional modifications by the Buyer to the product, including improper and incorrect use; exposure to moisture, fire, earthquake or other external causes.
• Damage caused during installation and/or caused by use that is not in accordance with the instructions and information provided. These instructions and information are also provided via electronic communication channels.
The Buyer is not entitled to return the products in the absence of a substantiated complaint. If the warranty conditions are met, the Buyer is initially entitled to a free repair or replacement of the ordered products, unless one of the options is objectively impossible. Kaaiman Lifestyle BV is only obliged to provide a refund if repair or replacement no longer provides the same benefit to the Buyer. The Buyer must clearly and in a motivated manner indicate this. Any compensation and refund can never be higher than the amount invoiced to the Buyer.
If the products have been returned without the conditions being met, Kaaiman Lifestyle BV will return the products to the Buyer. The costs of this shipment are for the account of the Buyer. Kaaiman Lifestyle BV may store the returned products with third parties, at the expense and risk of the Buyer, for as long as the return shipping costs have not been paid.
7. Right of Withdrawal
7.1 Applicability of the Right of Withdrawal
The consumer has a right of withdrawal in accordance with Article VI.47 of the Belgian Code of Economic Law. The right of withdrawal gives the Consumer the option to dissolve the agreement if they are not satisfied with the product after delivery. No justification or penalty is required. Kaaiman Lifestyle BV appreciates your feedback to improve our services.
If the consumer exercises their right of withdrawal in accordance with the legal conditions, Kaaiman Lifestyle BV will refund the amount actually paid for the product within fourteen (14) calendar days. The refund will be made via the same payment method used for the original transaction, unless the Consumer has expressly agreed otherwise. No costs will be charged for the refund.
Kaaiman Lifestyle BV does not reimburse additional delivery costs, such as costs incurred by the Consumer if they choose a delivery method other than the cheapest standard delivery. Pursuant to Article VI.53 of the Belgian Code of Economic Law, the consumer has no right of withdrawal in the following cases:
• Service agreements after full execution of the service, if execution has begun with the consumer's express prior consent and provided the consumer has acknowledged that they lose their right of withdrawal once the trader has fully executed the agreement (Article VI.53.1°);
• The supply of goods manufactured to the consumer's specifications, or clearly intended for a specific person (Article VI.53.3°);
• The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery (Article VI.53.5°);
• The supply of goods that after delivery are, by their nature, irrevocably mixed with other products (Article VI.53.6°);
• The supply of sealed audio or video recordings or sealed computer software whose seal has been broken after delivery (Article VI.53.9°);
• The supply of newspapers, periodicals or magazines, with the exception of agreements for a subscription to such publications (Article VI.53.10°);
• The supply of digital content not supplied on a tangible medium, if execution has begun with the consumer's express prior consent and provided the consumer has acknowledged that they thereby lose their right of withdrawal (Article VI.53.13°).
7.2 Exercise of the Right of Withdrawal
The Consumer who wishes to exercise the right of withdrawal must clearly and unambiguously communicate this in writing. The notification must be made within fourteen (14) calendar days:
• Sales agreement: the day on which the goods are physically taken into possession.
• Service agreement: the day the agreement is concluded.
It is up to the consumer to demonstrate that they are entitled to exercise their right of withdrawal. The following information must always be clearly communicated:
• The date of the order, the date of receipt and the date on which the right of withdrawal is exercised;
• Name and address of the Consumer;
• Signature of the Consumer.
The Consumer must return the products as soon as they have indicated that they wish to exercise the right of withdrawal, and at the latest within fourteen (14) calendar days after the notification. Returns must be sent to the following address:
Quuttoys.shop
Borchwerf 5
4704 RG Roosendaal
THE NETHERLANDS
The return can only be made by an authorised carrier. In any case, all costs and risks of the return are for the account of the Consumer. Kaaiman Lifestyle BV may postpone the refund until the Buyer has demonstrated that the products have been returned.
The Buyer is liable for any diminution in value of the products resulting from use of the products beyond what is necessary to establish the nature, characteristics and functioning of the products. Kaaiman Lifestyle BV is entitled to charge the costs of the diminution in value proportionally against the refund.
The Consumer has no right of withdrawal if the above conditions have not been met. In that case, the goods will be returned to the Consumer, at the Consumer's expense and risk. Kaaiman Lifestyle BV will clearly inform the Consumer of its reasons.
8. Force Majeure
Force majeure exists if Kaaiman Lifestyle BV is wholly or partially prevented from fulfilling its obligations towards the other party due to circumstances beyond its control. In that case, Kaaiman Lifestyle BV is not obliged to fulfil its obligations. Kaaiman Lifestyle BV may suspend its obligations for the duration of the force majeure.
9. Intellectual Property
Kaaiman Lifestyle BV retains all intellectual property rights and related rights with respect to the website and webshop. These intellectual property rights include, but are not limited to, software (including source code), copyrights, trademark rights, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Buyer is not permitted to use our intellectual property rights and/or make changes to the presentation of these rights as described in this article, unless this is necessary for private use of the product.
10. Your Privacy, Our Concern
As the data you provide to us is essential for the processing and delivery of orders, for invoicing and for concluding warranty agreements, failure to provide this data will lead to the cancellation of your order. Providing incorrect or false information is in violation of these General Terms and Conditions of Sale. The personal data of the Buyer will only be processed in accordance with the applicable privacy policy, which you can consult via our website.
11. Applicable Law and Competent Court
These General Terms and Conditions, as well as all offers from and agreements with Kaaiman Lifestyle BV, are exclusively governed by Belgian law, in particular but not limited to Books VI and XII of the Belgian Code of Economic Law. The Vienna Convention on Contracts for the International Sale of Goods is hereby expressly excluded. All disputes arising from or related to offers or concluded agreements fall under the jurisdiction of the competent court of the judicial district of Antwerp.