GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY – KIMODO/JACOBS, DRIES
Article 1. Definitions
1.1 In these general terms and conditions of sale and delivery, the following terms shall have the following meanings:
- "Seller": Kimodo/Jacobs, Dries, with its registered office at Kozenstraat 8, 3512 Hasselt, known under company number (KBO) BE 0799 505 078, bank account IBAN: BE54 7350 6297 3697, BIC: KREDBEBB, and available via telephone at +32 498 68 14 45 or by email at dries.jacobs96@gmail.com.
- "Terms and Conditions": the current general terms and conditions of sale and delivery of the Seller that apply to the online and offline sale of Products.
- "Buyer": The Consumer or the Enterprise that enters into an agreement with the Seller.
- "Consumer": a consumer within the meaning of the Belgian Code of Economic Law (Wetboek Economisch Recht), i.e., the natural person who purchases Products from the Seller and uses them for non-professional purposes.
- "Enterprise": any natural and/or legal person who pursues an economic goal in a sustainable manner and in that capacity purchases Products from the Seller.
- "Products": the custom-made cutlery drawers and related accessories offered by the Seller via the webshop, catalog, or other sales channels.
- "Parties": Seller and Buyer jointly.
1.2 Definitions drawn up in the plural also include the singular and vice versa.
Article 2. Applicability of the Terms and Conditions
2.1 These Terms and Conditions apply to all online (webshop) and offline sales points of the Seller. They can also be consulted on the Seller's website: www.kimodo.be.
2.2 All quotations, order forms, order confirmations, invoices, and other documents issued by the Seller, as well as agreements entered into with the Seller, are subject to these Terms and Conditions.
2.3 General conditions of the Buyer, under whatever name, that deviate from these Terms and Conditions do not apply and cannot be invoked against the Seller, unless the Seller has explicitly accepted them in writing prior to any conclusion of a contract.
2.4 If any clause of these Terms and Conditions is wholly or partially void or unlawful, this shall not affect the validity and enforceability of the remaining clauses or of that part of the relevant clause that is not void or unlawful. In such cases, the Parties will negotiate in good faith to replace the conflicting clause with a legally valid clause that matches the purpose and intent of the original clause as closely as possible.
2.5 Insofar as these Terms and Conditions are also drawn up in a language other than Dutch, the Dutch text shall always prevail in the event of discrepancies.
Article 3. Formation of the Agreement
3.1 The Seller's quotations explicitly state their validity period. If no validity period is stated, the quotation binds the Seller for 15 calendar days starting from the date of issue.
3.2 The agreement is concluded at the moment the Buyer accepts the Seller's quotation or places an order (via the webshop).
3.3 The Buyer is responsible for creating and maintaining their customer account and ensuring the correctness of the data therein.
Article 4. Delivery of Products
4.1 Delivery time: The delivery time is specified in the quotation and/or at the time the order is placed. If no delivery time is specified, a standard delivery time of [e.g., 4 to 6 weeks] applies, starting the day after the conclusion of the agreement. For Consumers, the stated delivery times are binding but not essential, unless explicitly stated otherwise. For Enterprises, stated delivery times are purely indicative, and the Seller cannot be held liable for exceeding them, except in cases of intentional fault.
4.2 Place of delivery: The delivery of the Products takes place at the location specified in the agreement. Transport is carried out by a carrier appointed by the Seller. The Buyer must receive the Products on the scheduled delivery date. If the Buyer fails to receive the goods on the scheduled date, any costs associated with a new transport will be charged to the Buyer.
Article 5. Website/Catalog Content
5.1 The Seller strives to present the Products as detailed as possible on the website and in catalogs to enable the Buyer to make a proper assessment. However, online images of Products are purely illustrative and do not guarantee exact copies, especially given the custom-made nature of the materials (such as wood grain or color variations).
5.2 The content of the Seller's website and catalogs may be changed at any time.
Article 6. Measurements and Placement of Custom Products
6.1 Since the Products are fully custom-made based on the dimensions provided by the Buyer, the Buyer is entirely and exclusively responsible for providing the correct internal drawer measurements.
6.2 The Seller cannot be held liable if the delivered custom-made cutlery drawer does not fit due to incorrect or inaccurate measurements provided by the Buyer.
6.3 The placement and installation of the Products in the Buyer's drawers are done entirely at the Buyer's own risk and responsibility.
Article 7. Price and Retention of Title
7.1 Price: The price of the Products includes Value Added Tax (VAT). Unless explicitly agreed otherwise in writing, transport costs are not included in the price.
7.2 The Seller is entitled to adjust its prices at any time. Such price changes do not affect valid quotations or current agreements with the Buyer.
7.3 Price Adjustments The Seller is entitled to adjust its prices at any time. Such price changes shall have no effect on quotations whose period of validity has not expired, nor on existing agreements with the Buyer.
7.4 Risk Transfer: For Enterprises, the risk of damage or loss of the sold Products passes to the Buyer upon the conclusion of the agreement. For Consumers, the risk passes upon physical receipt of the sold Products.
7.5 Retention of Title The sold Products shall remain the full property of the Seller until the price thereof, potentially increased by any late payment interest, has been paid in full to the Seller. As long as such full payment has not been made, the Buyer may not alienate, transfer, encumber, and/or otherwise make the Products available to third parties in any form or under any title whatsoever.
7.6 Transfer of Risk The risk of damage to or loss of the sold Products shall pass to the Buyer at the time the agreement is concluded if the Buyer is a Business. With respect to Consumers, such risk shall pass at the moment of physical receipt of the sold Products.
Article 8. Payment
8.1 Unless agreed otherwise in writing, all Products must be paid in full at the time the agreement is concluded (e.g., via the webshop checkout).
8.2 Late payment and penalty clause:
8.2.1 For Consumers: If a Consumer fails to pay an invoice on time, a free first reminder will be sent. If the invoice remains unpaid 17 days after this reminder, a fixed compensation and default interest will be charged in accordance with Belgian law (up to €150: €20 penalty; €150.01 to €500: €30 + 10% on the amount over €150; above €500: €65 + 5% on the amount over €500, max €2000).
8.2.2 For Enterprises: If an Enterprise fails to pay on time, the outstanding amount will automatically and without prior notice of default be increased by a fixed penalty of 10% and interest in accordance with the Law of 2 August 2002 on combating late payment in commercial transactions.
8.3 Complaints regarding invoices must be motivated and communicated to the Seller by registered mail or email with receipt confirmation within 8 days of their dispatch.
Article 9. Warranty
9.1 Visible non-conformity: Upon delivery, the Buyer must check the conformity of the Products. The Buyer must notify the Seller immediately if they discover a visible defect (e.g., transport damage). If visible defects are not reported in writing within 48 hours after delivery, the Buyer is deemed to have accepted the Products.
9.2 Hidden defects: The Seller is liable for hidden defects as set out in Articles 1641 to 1649 of the Old Civil Code, provided the defect existed at the time of delivery. Any hidden defect must be reported by registered letter as soon as possible after discovery.
9.3 Legal Warranty for Consumers: In addition to the above, Consumers benefit from the 2-year legal warranty for consumer goods (Art. 1649bis et seq. Old Civil Code), provided the Consumer notifies the Seller of the defect within 2 months of its discovery.
9.4 Exceptions: The warranty never covers damage or defects caused by normal wear and tear, careless use, moisture damage, incorrect maintenance, or modifications made by the Buyer or third parties.
Article 10. Limitation of Liability
Without prejudice to mandatory legal provisions, the Seller's liability is strictly limited to the compensation of damages directly resulting from a contractual breach by the Seller and is capped at the maximum amount of the Price of the Products mentioned in the agreement. The Seller is never liable for immaterial, consequential, or indirect damages (such as loss of income). The Seller is not liable in cases of force majeure.
Article 11. Return Policy / Right of Withdrawal Exception
11.1 Exclusion of the Right of Withdrawal: Since the Products (custom-made cutlery drawers) are manufactured entirely according to the specific measurements and specifications provided by the Buyer, they are considered custom-made goods.
11.2 Consequently, in accordance with Article VI.53, 3° of the Belgian Code of Economic Law (Wetboek Economisch Recht), the Consumer does not have the legal right to withdraw from the contract or to return the delivered Products within 14 days.
11.3 Once an order for a custom-made Product is placed and production has started, the order cannot be canceled, refunded, or returned, unless the Product delivered is defective or does not match the specifications initially provided by the Buyer (in which case the warranty provisions in Article 9 apply).
Article 12. Applicable Law and Competent Court
These Terms and Conditions are governed by Belgian law, excluding the Vienna Convention on Contracts for the International Sale of Goods. Any dispute regarding these Terms and Conditions falls under the exclusive jurisdiction of the courts of the Seller's registered office, without prejudice to the right of Consumers to invoke mandatory provisions determining jurisdiction based on their place of residence.
Article 13. Complaints Procedure
We strive for optimal customer satisfaction. If you have a complaint, please contact our customer service first via [Your Email Address].
In the event of an out-of-court settlement, the Consumer Mediation Service (Consumentenombudsdienst) of the Federal Government is competent to receive any request. You can reach them via: http://www.consumentenombudsdienst.be/. For cross-border disputes, you can also use the Online Dispute Resolution platform of the European Union via: http://ec.europa.eu/odr.