Terms & Conditions

1. Definitions and application of the Terms of Sale

The present terms of sale (hereafter the “Terms of Sale“) can be found on the website URL (hereafter: the “Website”). The Website and the related services are offered by:

Bvba LS Group (hereafter: “Krøpp”, “We” and “Us”)
Kortenbergsesteenweg 20 bus 103
1820 Steenokkerzeel
Belgium
Company number (VAT-BE):  0700.538.354

Email: info@kroppbrand.com
Phone: (+32 0) 477 456 789

For the purpose of these Terms of Sale, the following definitions shall have the following meanings:

 “Purchaser”: Every natural person who enters into a contractual relationship with Krøpp, including, but not limited to: Consumers and Professional Customers. Further also referred to as “you” or “your”.

“Consumer”: Every natural person (in the capacity of Purchaser) acting for purposes outside his business, trade, craft or professional activity.

“Products”: All goods that are the subject matter of one or more Sales Contracts.

“Professional Customer”: any natural or legal person in the capacity of Purchaser, acting for purposes within its business or professional activity.

“Goods made to the Consumer’s specifications”: Non-prefabricated goods made on the basis of an individual choice of or decision by the Consumer.

“Sales Contract”: Every contract in which Krøpp commits to transfer the property of the Products to the Purchaser and where the Purchaser commits to pay for these Products.

The Terms of Sale apply to all current and future sales of Products by Krøpp to the Purchaser.
By using the Website, the Purchaser accepts these Terms of Sale, as well as all other rights and obligations as stated on the Website.

These Terms of Sale are always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid when it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid when they replace or supplement the clauses they relate to. These derogations do not affect the applicability of other provisions of the Terms of Sale.

Krøpp reserves the right to amend and/or supplement the Terms of Sale in the future. Any future changes will have no effect on existing product orders and consequential agreements.

2. Offer and acceptance

Our online offer is presented with the utmost care. Krøpp provides additional information about the Products and photographs illustrating the Products. The images displayed on our Website provide an approximate representation of the substantial features of our Products.

Our online offer is presented as an invitation to purchase. Krøpp is not bound by its online offer. An offer is only valid while stocks last. We reserve the right to attach particular conditions to a specific offer, such as a limited duration.
The Purchaser can rest assured that these particular conditions are only applicable when explicitly communicated prior to the order placement.

To purchase a Product from the Krøpp range, the Purchaser must complete our online ordering method. This purchase is binding on the Purchaser. Krøpp will send a confirmation of the order within seven (7) calendar days directed to the e-mail address specified by the Purchaser at the moment of ordering. The Sales Contract shall be concluded as soon as the Purchaser has received the order confirmation email issued by Krøpp.

Krøpp retains the possibility to refuse the sending of an order confirmation email or to unilaterally reject an order placement by means of an explicit statement. Krøpp will inform the Purchaser and will (where possible) propose a similar Product if the initial order cannot be executed or can only be partially executed. To the extent permitted by the applicable law, there is no Sales Contract if Krøpp refuses the order or if the Purchaser does not agree with the proposed alternatives. In such case, all payments that have been made will be soon ​​refunded. The Purchaser is not entitled to any form of compensation.

The Parties expressly acknowledge that the use of different types of electronic communications, such as email, give rise to a valid Sales Contract. This is fully consistent with the Belgian Code of Economic Law. Within the limits of what is permitted by law, Krøpp can make use of all electronic files available to prove the existence of the Sales contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.

3. Pricing

All prices are indicated in EURO. The relevant VAT will be calculated in accordance with the applicable law. The individual product price does not include the costs of delivery and other additional costs. Krøpp will communicate these costs in the last step of our online ordering process.

The price as displayed on the confirmation of order is the final price to be paid, barring the exception of article 2 relating to Prices. Obvious errors in pricing, such as obvious inaccuracies, can still be corrected by Krøpp after the conclusion of the sales contract. The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the confirmation of order, in writing. The filing of a complaint does not suspend due payments.

We have the right to change our prices at any time but commit to always apply the prices that was indicated on our Website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.

4. Payment terms

Each payment is handled promptly and completely, i.e. when the Purchaser places his order. We accept the payment methods as indicated on our Website:

  • Bank Transfer
  • Belfius Direct Net
  • Bitcoin
  • Creditcard (Visa, mastercard, American express)
  • EPS
  • Giropay
  • iDEAL
  • ING Home’Pay
  • KBC/CBC Payment Button
  • Bancontact
  • PayPal
  • SOFORT Banking

In the future, Krøpp can always expand the payment methods. These expansions will always be announced on our Website. Krøpp takes all necessary precautions to ensure safe payments. Our main concerns are a loss or theft of your identity or financial information. The use of the above mentioned authorized payment partners and credit card issuers provide the necessary guarantees.

We make use of the secured payment system of Mollie for the further processing of the payment. This closed security system processes your bank details always in an encrypted manner. Security measures via the SSL protocol are provided.

Krøpp shall only deliver the order as soon as it has received the full payment of all amounts owed by the Purchaser. Krøpp always retains ownership of all Products ordered until full payment of all amounts due under this Agreement has been made, regardless whether the delivery has already occurred.

5. Delivery

We process every order in a rapid manner. Unless otherwise agreed, your order will be delivered within thirty (30) calendar days upon order confirmation. If Krøpp fails to deliver the Products within the agreed upon timeframe or within thirty (30) days upon order confirmation, the Purchaser is recommended to request delivery within an additional, appropriate timeframe. The Purchaser may only terminate the Sales Contract if Krøpp fails to deliver the Products within the additional communicated timeframe. In the event of such termination, Krøpp will reimburse all sums paid without undue delay and no later than fourteen (14) calendar days after termination of the Sales Contract. The exceeding of the delivery time does not give rise to an additional right to compensation.

When you order a Product that is not in stock, there may be an indication of when the Product will be back in stock. The delivery time starts as soon as the Products are back in stock.

Krøpp uses external parties and carriers for the execution of the delivery, in particular Dynamic Parcel Distribution NV. This may have an effect on the deliveries. If you are a Consumer, Krøpp bears the risk for damage and/or loss of the Products until the moment of delivery. Risk associated with the Products shall pass from Krøpp to the Purchaser on delivery. Each delivery requires a signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk. If you are a Professional Customer, Krøpp takes no responsibility for late deliveries by third parties or for orders which are lost by third parties, nor does it take responsibility for late or lost deliveries in case of unforeseen circumstances or force majeure. If an order that has been sent remains undelivered, Krøpp will conduct an investigation at the carrier’s end. This can take several days. During this period, Krøpp cannot provide any reimbursement or proceed to a re-delivery of the Products.

The Purchaser is responsible to make the delivery possible at the indicated address, either by being present himself or by designating a third-party present at the indicated address at the moment of the delivery. A delivery is performed as soon as the ordered Products are offered one time at the indicated address. If a delivery is unsuccessful due to a failure by the Purchaser or by the third party designated by the Purchaser, the cost of this delivery attempt is fully borne by the Purchaser.

6. Statutory warranty

  1. General

Every Consumer has a legal warranty period of two (2) years. The Consumer may rely on this legal warranty if the Products delivered do not match the requested or ordered Product (non-conformity), in so far as the Consumer could not establish this non-conformity upon receipt of the Product.

Furthermore, Krøpp shall be responsible with respect to all Customers (Consumers and Professional Customers) for the hidden (non-visible) defects in the Products delivered by it. For the Consumer, this system applies after the statutory guarantee period of two years has expired. The system of hidden defects does not apply if the Customer was aware of these defects at the time of purchase. Consequently, each Customer is entitled to rectification if, after delivery, he discovers a hidden defect in the delivered Product, in accordance with the legal requirements.

The statutory warranty does not apply to:

  • Damage caused by normal wear and tear, accidental or deliberate changes made by the Customer to the Products, including injudicious and incorrect use and exposure to moisture, fire, earthquake and other external causes;

Additional commercial warranties are always possible in accordance with the Terms of Sale and are always expressly communicated.

  1. Complaint mechanism

The Customer or the third party designated by the Customer is required to examine the Products accurately on their conformity as soon as he receives the Products. If the Product is affected by a defect, and the receiver perceives this defect, he must submit a complaint.

Customer shall communicate these complaints towards Krøpp in a written statement and in an explicit, unambiguous and motivated manner. This must be done:

  • For visible defects: within seven (7) calendar days upon delivery to the Krøpp or third party designated by the Customer.
  • For invisible defects: within two (2) months upon discovery of the presumed defect.

It is the duty of the Customer to motivate this communication sufficiently. In the absence of a (sufficiently) motivated complaint, the Customer is not entitled to send back the Products.

  1. How to return a Product when exercising your statutory warranty right

Every Customer is obliged to send back the non-compliant Product to Krøpp within thirty (30) calendar days after filing the complaint with a view to a repair, replacement or refund. In the other case, the suspension of the statutory warranty period will be considered invalid.

The term of thirty (30) calendar days does not apply when it is clearly shown that the Product is damaged as a result of transportation. In such event, the Customer shall return the Product without delay and at the latest within the three (3) calendar days.

Products must be returned to Krøpp in their original condition, including their packaging, accessories and documentation, and always accompanied by the original invoice or a valid proof of payment.  Any failure to comply with this obligation will result in a proportional reduction in the repayment.

Sending back a Product is always at risk of the Customer. All costs for return shipment shall be borne by Krøpp, if the Customer complies with the warranty terms. Krøpp will provide the Customer with a return slip. In any case, we recommend a registered and insured return shipment to avoid the risks of loss and theft. This return shipment must be done within seven (7) calendar days after the communication.

  1. Repair or replacement

If the abovementioned conditions are met, the Customer is firstly entitled to a free repair or replacement of the ordered Products, if the situation renders it possible. Please note that we will only replace the Product with the same item of the same size, depending on available inventory. If the Product cannot be repaired or the same Product is not available, the Customer will receive a voucher with a value equal to the amount of the initial order. The Customer always has the right to refuse the voucher and demand a full refund instead.

Krøpp is only held to a refund if the reparation or replacement no longer produces the same benefit for the Customer. The Customer will have to communicate this ground in a clear and motivated manner. Any compensation and reimbursement can never exceed the amount invoiced to the Customer.

If the Products have been sent back even though the conditions were not met, Krøpp will send the Products back to the Customer. The cost of this shipment will be borne by the Customer. Krøpp may stock the returned Products on behalf and at risk of the Customer, as long as the costs of return have not been paid.

7. Right of Withdrawal

a. General

The Consumer enjoys a right of withdrawal, in accordance with the Distance Selling Regulations (DSR) and article VI.47 Belgian Code of Economic Law The right of withdrawal provides the Consumer with the possibility to terminate the Sales Contract within fourteen (14) calendar days after the delivery. No motivation or penalty fee is required. Krøpp welcomes your feedback in order to improve its services.

If the Consumer applies his right of withdrawal in conformity to the legal conditions, Krøpp will take care of the reimbursement of the amount actually paid for the Product within fourteen (14) calendar days after the Consumer has notified Krøpp that he is exercising his right of withdrawal. This also applies for orders placed during promotional offers. The Consumer will receive a voucher with a value equal to the amount of the initial order, with the exception of the shipping costs for returning the Products. The Consumer always has the right to refuse the voucher and demand a refund instead. In such a case, a refund will be given for the total value of the order, with the exception of shipping costs for returning the Products. The refund will be carried out by means of the same payment method you used for the initial transaction, unless you expressly agree otherwise.
No additional fee will be charged for the refund.

Attention: Krøpp does not reimburse any additional delivery costs, such as the cost endorsed if the Consumer selects a delivery method that differs from the cheapest standard delivery method.

You can download the ‘Right of withdrawal’ Form here.

b. Exceptions to the right of withdrawal

The Consumer is not entitled to exercise his right of withdrawal when the supply of Goods made to Consumer’s specifications, or are clearly personalized (Article VI.53, 3°);

A Professional Customer is not entitled to a right of withdrawal.

c. How to exercise your right of withdrawal

The Consumer who wishes to invoke the right of withdrawal must communicate his decision explicitly and unambiguously, in a written statement. The communication must happen within fourteen (14) calendar days since the day of acquiring physical possession of the Products.

It is up to the Consumer to prove that he can rely on his right. The following information must always be clearly communicated:

  • The following three dates: the date of order, date of receipt and the date on which the right of withdrawal is used;
  • Name and address of the Consumer;
  • Signature of the Consumer.

Please click here to print the form which is to be used for any and all returns. The notice of withdrawal must be sent by e-mail to info@kroppbrand.com or by mail to Bvba LS Group, Kortenbergsesteenweg 20 mailbox 103, 1820 Steenokkerzeel, Belgium.

d. How to return a Product when exercising your right of withdrawal

The Consumer must return the Products to Krøpp as soon he has notified his decision to exercise his right of withdrawal, and no later than fourteen (14) calendar days of the communication. The delivered Products have to be returned to the following address: (address).

The Consumer has to return the Product by safe means of transportation in order to ensure that the Product arrives in good condition. The return shipment can only be done by manner of an authorized carrier. We strongly recommend you to insure your return shipment to the extent that you are responsible for the care of the items and will be responsible for any damage caused until they are received at our warehouse. In case of dispute, we also recommend that you keep a proof of sending. In any case, the Consumer will bear all costs and risks of return. Krøpp may suspend the reimbursement until receipt of evidence by the Purchaser that the Products have been returned.

In addition, the Purchaser is liable for any diminished value of the Products resulting from the handling of the Products beyond what is necessary to establish the nature, char­acteristics and functioning of the products. Krøpp is entitled to charge the costs of the impairment in proportion to the repayment. This, however, only after Krøpp has repaid the initial purchase price to the Consumer.

The Consumer has no right of withdrawal if the above conditions are not met. In that case, the Products will be returned to the Consumer at the expense and risk of the Consumer. Krøpp commits to clearly communicate its motives to the Consumer.

8. Limitation of Liability

We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.

We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms of Sale (or the Contract) or as a result of our negligence.  Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a Customer. Furthermore, nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

Our liability is limited to the purchase price (including delivery costs) of the Goods to which the liability claim relates.

9. Force Majeure

Force majeure exists if Krøpp is, wholly or partially, prevented to accomplish its obligations towards the Purchaser by circumstances beyond its control. In this case Krøpp is not obliged to fulfil its obligations. Krøpp may suspend its obligations for the duration of the force majeure.

10. Intellectual property

Krøpp retains all intellectual property and other related rights with regard to the Website. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Purchaser is not allowed to make use of any of our intellectual property rights and/or to make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the product.

11. Processing of your personal data

All personal information that Krøpp may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

For complete details of Krøpp’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Krøpp’s Privacy Policy <<insert link to Privacy Policy>> [and Cookie Policy <<insert link to Cookie Policy>>

12. Other important terms

Krøpp may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Sales Contract, as applicable) to a third party (this may happen, for example, if Krøpp sells its business).  If this occurs, you will be informed by Krøpp in writing.  Your rights under these Terms of Sale will not be affected and Krøpp’s obligations under these Terms of Sale will be transferred to the third party who will remain bound by them. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Sales Contract, as applicable) without Krøpp’s express written permission.

If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

No failure or delay by Krøpp in exercising any of our rights under these Terms of Sale means that Krøpp has waived that right, and no waiver by us of a breach of any provision of these Terms of Sale means that Krøpp will waive any subsequent breach of the same or any other provision.

Krøpp may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If Krøpp changes these Terms of Sale as they relate to your order, Krøpp will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Products you have already received and we will arrange for a full refund (including delivery charges) which will be paid within fourteen (14) days of your cancellation.

13. Applicable law and court of competent jurisdiction

These Terms of Sale shall be governed and interpreted exclusively in accordance with Belgian law. All offers and Sales Contracts are governed exclusively by Belgian law. The applicability of the Vienna Sales Convention is expressly excluded.

In the event of any dispute regarding the execution or interpretation of these Terms of Sale, Krøpp will do everything in its power to find an amicable solution. If you are a Consumer, any dispute, controversy, proceedings or claim between you and Krøpp relating to these Terms of Sale, or the relationship between you and Krøpp (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Belgium as determined by your residency. If you are a Professional Customer, any dispute, controversy, proceedings or claim between you and Krøpp relating to these Terms of Sale, or the relationship between you and Krøpp (whether contractual or otherwise) shall be subject to the jurisdiction of the courts Brussels.

As a Consumer, you can also submit a dispute regarding the Terms of Sale to an independent dispute resolution body.
For more information: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

© 2018 deJuristen IT law and Intellectual Property (http://www.ictrecht.be). The offered information (terms of sale, privacy statement, cookie statement and disclaimer) is protected under copyright legislation, which means that this information may not be reproduced or distributed without the previous and written permission of deJuristen (contact@dejuristen.be). deJuristen thus retains all relevant intellectual property rights.

 

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