CKS Webshop - Terms and Conditions

1. Applicability of these Terms and Conditions:

1.1 The CKS Webshop is operated by CKS Fashion NV, headquartered at 3530 Houthalen (Belgium), Centrum Zuid 3401, RPR Hasselt, VAT BE 0466.658.783 (hereinafter: "CKS", “we/us”). These Terms and Conditions establish the rights and obligations of CKS and the users of the CKS Webshop (hereinafter: “the Customer”, “you/your”) regarding the products and services offered through this webshop or any other website. Before clicking the “Order and Pay Securely” button, you must carefully read these Terms and Conditions and our Privacy Policy. By using the CKS Webshop, you confirm your acceptance of the Terms and Conditions and the Privacy Policy. If you do not accept these terms, you should not place an order. Only the terms below apply to the activities between you and CKS. Other terms apply only if explicitly accepted by us in writing.

CKS may amend the Terms and Conditions at any time. Each order placed after such amendments assumes your acceptance of the changes. The Terms and Conditions may be supplemented by other conditions if explicitly referenced. In case of conflict, the current Terms and Conditions prevail.

1.2 We sell our products exclusively to consumers aged 18 and older and only in quantities customary for consumers.

2. Conclusion of an Agreement:

2.1 The presentation of our products in the CKS Webshop is merely an invitation to order products from us. By submitting your order, you make a binding offer to enter into a purchase agreement. This offer is accepted by us when we deliver the products. We reserve the right to decide whether to accept an order. If we do not fulfill an order, we will inform you without delay (see section 3).

2.2 The ordering process in the CKS Webshop consists of the following steps:

• You can select individual products and collect them in a virtual shopping cart by clicking the "Add to Cart" button. From the shopping cart, proceed to checkout by clicking the “Checkout” button.
• Next, you need to register. If you are not yet a user of the CKS Webshop, you will be asked to create a new account by registering your contact details or you can choose to order without an account. If you are already a user, you will be asked to log in to your account.
• Then, select the desired delivery method. You can have your order delivered for free to a CKS store of your choice, or choose home delivery.
• Finally, select the desired payment method, enter the payment information, and confirm acceptance of the Terms and Conditions. By clicking the “Order and Pay Securely” button, you will be redirected to our payment provider’s module (see section 5). Until you click this button, you can modify the order and order details at any time.
   

An order becomes binding only when all required information for concluding the agreement has been entered, when you have confirmed that you have read and accepted these Terms and Conditions, when you have clicked the “Order and Pay Securely” button, and when payment through our payment provider has been successfully completed. This last step occurs when you are redirected back to our website by the payment provider.

At the end of this procedure, you can print and/or save your order; a summary is always available in your personal account under “My CKS”.

After placing your order, you will receive an automatically generated confirmation email. This confirmation only documents that your order has been received; it does not constitute acceptance of the order and does not create a purchase agreement. The order is accepted when we deliver the products. Delivery occurs after receipt of payment.
 

2.3 CKS reserves the right to refuse orders, for example:
 

• when stock is exhausted or a product is no longer available (see section 3);
• if there is an invalid presentation of products in the CKS Webshop;
• in case of serious suspicion of legal abuse or bad faith by the Customer;
• in case of force majeure;
• if it is assumed that the customer intends to resell the items.

3. Product Availability:

If we find during the processing of your order that one or more of the products ordered are unavailable, we may not be able to fulfill your order completely. We reserve the right to partially fulfill the order or refuse it entirely. You will be informed without delay by email. An agreement on unavailable products is not concluded, and a refund is guaranteed (see section 6).

4. Delivery

4.1 Products are only delivered to countries where the CKS Webshop allows delivery, i.e., Belgium, the Netherlands, and Germany.

4.2 You choose the delivery method: pick-up at a CKS store or home delivery.
 

Pick-up at a CKS store:

You can have your order delivered for free to a CKS store of your choice (Belgium only) and pick it up within ten days after being notified by email that your order has been delivered. If not collected within this period, the order will be returned to us and we will refund the price of the products within 14 days after receiving the returned order.
 

4.3 Incorrectly provided addresses are the Customer’s responsibility and may result in additional costs. P.O. Box and military APO addresses are not accepted.
 

4.4 Depending on the chosen delivery method, the order will be shipped within approximately one to three working days after the order date under normal circumstances, provided your details are correct (delivery times may vary for customers outside Belgium). You can track the status of your order in your account under “My Orders”. Any delay will not give rise to compensation.
 

4.5 Until we have started processing your order, you can revoke it free of charge by contacting our Customer Care Center at customercare@cks-fashion.com. We will refund the price of the products within 14 days. If your order has already been delivered, you can return it (see section 6 regarding the return policy).
 

4.6 If we fail to deliver your order within 30 days after the automatically generated confirmation email due to exceptional circumstances, you may cancel the order free of charge by contacting our Customer Care Center at customercare@cks-fashion.com. We will refund the full price of the products, including shipping costs, within 14 days.
 

5. Price and Payment:

5.1 The prices indicated at the time of the order apply. CKS reserves the right to correct any errors (e.g., due to technical defects). Prices on the CKS Webshop are valid while online and while stocks last. All prices include VAT.
 

5.2 Payment for your order is made according to the payment methods offered in the CKS Webshop and the terms stated there. Depending on the verification of your details, we reserve the right to exclude certain payment methods. Please note that additional costs may arise from your agreements with banks or other credit institutions.
 

6. Return Policy:

6.1 You have the right to withdraw from the agreement within 30 days without giving any reason. To exercise this right, you must notify us via an unambiguous statement (e.g., by post, fax, or email) of your decision to withdraw from the agreement. You may use the model withdrawal form, but it is not mandatory. We will send you an acknowledgment of receipt by email.

The right of withdrawal does not apply to products that are customized or produced according to your specifications.

Fill in this form only if you wish to withdraw from the agreement and return it to CKS N.V., Centrum Zuid 3401, 3530 Houthalen, Belgium (Email: customercare@cks-fashion.com):

MODEL WITHDRAWAL FORM

Without delay, and at the latest within 14 days after we have been informed of your decision, we will refund the price paid including delivery costs (excluding any extra costs resulting from your choice of a different delivery method than the cheapest standard delivery offered) using the same payment method. We may wait with the refund until we have received the products or you have demonstrated that you have returned the products, whichever occurs first.

You must return the product without delay, and in any case no later than 30 days after notifying us of your decision, to CKS N.V., Centrum Zuid 3401, 3530 Houthalen, Belgium.

CKS will bear the cost of return.

The withdrawal period expires 30 days after the day on which you physically received the product.

During the withdrawal period, you may only unpack or use the products to the extent necessary to assess whether you wish to keep them. Products may only be tried on as is customary in a clothing store. Returned goods may be tried on as is customary in a store but may not be worn.

You are liable for any diminished value of the products resulting from handling beyond what is necessary to determine the nature, characteristics, and functioning of the goods.

We therefore recommend not removing original price tags, not opening or removing hygiene stickers or closures, and not using or damaging the products during fitting.

If the quality of the products is impaired due to handling beyond the described extent, CKS reserves the right to claim compensation for any loss of value.

6.2 For customers in Belgium:

You can return the products free of charge using the included return document to a CKS store.

For returns via a CKS store, you must present the products along with the packing slip/return form at the store of your choice. You may only exchange the product for the same product in a different size. Otherwise, the returned products can be sent back to the distribution center via the store. Refunds will be made after processing at the distribution center. Shipping costs paid for receiving the products are refunded only for a complete return of all ordered products.

Note: Cash refunds are never made in stores!

You can also return via Bpost (for Belgium), PostNL (for the Netherlands), or DPD (for Germany). Pack the items in the original packaging, stick the label on the return document over the shipping label, and bring your package to the appropriate parcel point.

Returns via Bpost, PostNL, or DPD cost €1.95 if you use the provided return sticker. Refunds will be made within 14 days of receiving the returned products.

If you purchased a combined offer of products at a reduced price and partially return the order, we will refund the difference between the paid price for the full combined offer and the sum of the non-reduced prices of the products you do not return.
 

6.3 For customers in other countries:

You can return products using the included return document to a CKS store of your choice (Belgium only), or via a parcel shop in Belgium, the Netherlands, or Germany.

Returns via a CKS store follow the same process as in section 6.2. Shipping costs are refunded only for a complete return. Cash refunds are never given. Using the provided return sticker, returns via the designated parcel service cost €1.95. Refunds are made within 14 days of receipt. Partial returns of combined offers are handled as in section 6.2.

7. Warranty:

7.1 If the delivered goods do not conform to the placed order, the legal warranty period of two years applies (art. 1649bis et seq. Of the Civil Code).

If you wish to invoke the legal warranty, you must demonstrate that you have purchased the goods supplied from CKS. You may provide proof of your purchase by any means of common law.

Any defect in the product must be reported within two (2) months after its discovery. Afterwards, any right to repair or replacement lapses.
 

7.2. In any case, you will not be able to claim any warranty:
 

• for normal wear and tear of the product
• in case of injudicious or abnormal use of the product or if the product is used contrary to the purpose for which it was designed
• in case of non-compliance with the operating and / or maintenance instructions
• in case of damage to the product due to intent or negligence
• if the product was changed by you or in the event of intervention by a person not appointed by CKS
• in commercial use.

8. Liability:

8.1 Use of the CKS webshop:

The information on the website is of a general nature. The information is not adapted to personal or specific circumstances and can therefore not be regarded as personal, professional advice to the user.

CKS makes great efforts to ensure that the information provided is complete, correct, accurate and up to date. Despite these efforts, inaccuracies may occur in the information provided. If the information provided contains inaccuracies or if certain information is unavailable on or via the site, CKS will make every effort to rectify this as quickly as possible. However, CKS cannot be held liable for direct or indirect damage resulting from the use of the information on this site. If you should find inaccuracies in the information made available via the site, you can contact the site administrator (see contact details below).

Size and length information for the products remains an approximation. Nor can we guarantee that every screen will display a color exactly, or that the color will not differ slightly upon receipt of the product.

CKS is not liable for loss or damage of any nature whatsoever that the Customer or a third party may suffer when using the products.

The content of the site (including links) can be adapted, changed or supplemented at any time without notice or notification. CKS does not guarantee the proper functioning of the website and can in no way be held liable for a malfunction or temporary (un) availability of the website or for any form of damage, direct or indirect, that may result from the access. to or use of the website. CKS cannot under any circumstances be held liable in any way whatsoever, directly or indirectly, in any special or other way, for damage due to the use of this site or of another, in particular as a result of links or hyperlinks, including, without limitation. , from all losses, work interruptions, damage to programs or other data on the computer system, of equipment, software or other of the user.

The website may contain hyperlinks to websites or pages of third parties, or refer to them indirectly. Placing links to these websites or pages in no way implies an implicit approval of their content. CKS expressly declares that it has no control over the content or other characteristics of these websites and can under no circumstances be held liable for their content or characteristics or for any other form of damage resulting from their use.
 

8.2 General about the liability of CKS:

CKS is not liable for any damage that it may cause through its error or negligence, except in the case of intent or gross negligence, also of its employees. Any damage of any nature that cannot be foreseen at the time of the conclusion of the agreement is excluded from compensation. The liability of CKS is always limited to the direct, personally suffered damage and will never exceed the purchase price of the product in question.
 

8.3 Use of material from the CKS Webshop:

Information on the website can only be used elsewhere with the express permission of CKS. It is forbidden to change, copy, reproduce, download, distribute, transfer or commercially exploit and / or distribute the services, the pages of the Webshop or the computer codes related to them.

9. Copyright and intellectual property:

9.1 We have developed the CKS Webshop for the personal and non-commercial purposes of the Customer. The entire content of the CKS Webshop (including layout and design of the website, texts, graphics, photos, images, moving images, sounds, illustrations and software, etc.) is the property of CKS or related companies, licensees and / or content providers. All associated rights, and in particular all intellectual property rights, are managed by CKS.

The Customer may only download the content and make one copy of it for purely personal, non-commercial use, provided that the content of the material to which the intellectual property rights apply remains in its original state. Copying or storing any content outside of personal, non-commercial use is not permitted.
 

9.2 All trademarks, trade names, logos and products used in the Webshop are protected and may not be used without the prior written permission of CKS, its partners or the rightful owners of these rights. All signs, illustrations, images or emblems that appear on our products, accessories or packaging are and remain the exclusive property of CKS. Its reproduction, in whole or in part, for any reason or by any means, is strictly prohibited. The use of any combination with any other sign, symbol, emblem or other distinctive sign is also prohibited.

10. Applicable law & disputes:

Only Belgian law is applicable, with the exclusion of the Vienna Sales Convention (C.I.S.G.). All disputes regarding the conclusion, validity, interpretation or execution of the agreement or of the current General Terms and Conditions fall under the exclusive jurisdiction of the Belgian courts. Should one of the current conditions be declared null and void or inapplicable, the remaining conditions will nevertheless remain in full force.

11. Privacy:

CKS recognizes the importance of the private sphere. More information about our privacy policy can be found under Privacy. When using the CKS Webshop, the Customer accepts this privacy policy. By ordering online in the CKS Webshop, the Customer gives unambiguous consent to include all personal data obtained in a file and use it for the administration of the customer data, the management of orders, deliveries and invoices, marketing and publicity purposes. . The Customer has the right to inspect and change all personal data at any time and the right to object to the use of this data for direct marketing purposes.

12. BeCommerce Quality Label:

CKS is a member of BeCommerce and carries the BeCommerce quality label. This means that CKS complies with the BeCommerce code of conduct. More info at: https://www.becommerce.be/

13. Contact details:

For all questions and / or complaints, please contact our Customer Care Center.

Mail to customercare@cks-fashion.com.
 

You can reach our Customer Care Center from Monday to Friday from 9 am to 1 pm. In case of disputes of a cross-border nature, you can also appeal to the Online Dispute Resolution platform of the European Union via this link: http://ec.europa.eu/odr. The email address of CKS for this method of dispute resolution is legal@cks-fashion.com.


These Terms and Conditions were last updated on November 4, 2020.