Terms And Conditions
Article 1 – Identity of the company
The website, accessible via www.cks-fashion.com, hereafter “Website”, owned by the FNG GROUP, hereafter “FNG”.
FNG International Bautersemstraat 68A 2800 MECHELEN VAT-number: NL824256487B01 (NL) | BTW BE0502 923 917 (BE)
E-mail address: firstname.lastname@example.org
Telephone number: +32 (0)15 29 34 44
Bank Account Number: BE35 3630 8305 1137
Number of Enterprise under Belgian law: 0865.085.788
- Company: FNG
- Customer: the physical person that, exclusively for non-professional purposes, uses or acquires products or services that were brought on the market and enters into a distance contract with the entrepreneur.
- Distance contract: any contract concerning goods or services concluded between a company and a Customer under an organized distance sales or service-provision scheme run by the supplier, who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded.
- Goods: all products offered by FNG on our Website. The products offered on our website can contain clothing, accessories, lifestyle products and products alike, intended for use by women and children.
- Website: the Website of FNG, accessible via www.cks-fashion.com
- Means of distance communication: any means which, without the simultaneous physical presence of the company and the Customer, may be used for the conclusion of a contract between those parties.
Article 3 - Applicability
- In order for the Customer to place an order, he/she must be at least 18 years old. If you are not 18 years old we kindly ask you to let your parents or legal guardian place your order. In case we notice the order has been placed by a minor, we reserve the right to reject your order.
- General terms of the Customer are not applicable, unless FNG agrees explicitly on beforehand and in writing.
- FNG reserves all rights to adapt these general terms and conditions if necessary at any moment.
- The Customer acknowledges the acceptance of these general terms and conditions by the fact of placing an order on the Website.
- In case one or more clauses of these general terms and conditions are considered void, invalid or inapplicable based on whichever reason, the other clauses of these general terms and conditions remain in force. These general terms and conditions are considered to be the only applicable agreement between parties regarding to its subject matter.
- Offers are valid for the period mentioned on the Website and subject to availability.
- In case the offer depends on certain conditions, these conditions will be explicitly mentioned in the offer.
- FNG always describes what it sells to you as complete and accurate as possible. In any event, FNG makes sure that the description is detailed enough for you to make a proper assessment. In case we use images, these will be a representative display of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the company.
- The order is definitive from the moment the Customer receives a confirmation notice from FNG and FNG receives an acceptance notice from the card issuer.
In case the card issuer refuses to accept payment, FNG cannot be held responsible for any delay in delivery or non-delivery of the Goods ordered by the Customer. Orders made by the Customer without payment by the registered cardholder will not be accepted.
In order to buy a product, this product must be added to the shopping basket and the Customer has to fill out its contact details. Afterwards the Customer can choose the means of delivery between delivery at home (only for the Netherlands and Belgium) or delivery in one of the F&G concept stores in Belgium or the Netherlands. The final step of the ordering process includes an overview page, where the Customer has to accept the general terms and conditions and confirm the order and payment by clicking on the button “Order and pay”. After fulfilling the abovementioned process, the purchase is final.
With regard to consumers within the European Union, all prices are mentioned in euro and VAT and other governmental taxes are included. Deliveries outside the European Union can result in taxes that must be paid by the consumer, limited to the extent that this is permitted by local consumer protection legislation. If this is the case, this will be explicitly stated before concluding the agreement.
The price is invoiced in the currency in which the Buyer has placed his order.
- The Customer is bound by the price he/she accepted during the final step of the ordering process and which FNG confirmed in the confirmation e-mail. Obvious mistakes in price setting by FNG can be corrected by FNG at all times, even after conclusion of the contract.
- Shipping fees and fees for returning Goods will be communicated clearly to the Customer. Certain means of payment may be subject to special conditions. These conditions will be communicated on beforehand.
- We only accept advance payment through the following means
FNG may propose other means of payment in the future. These new means of payment will be announced on the Website.
- In case you choose to pay by credit card, the general terms and conditions of the card issuing company apply to which FNG is not a party.
- In order to guarantee safe online payment and the safety of your personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required. You recognize a safe SSL-connection by the “lock” in the bottom status bar of your browser.
- All goods and services are delivered on the address provided by you when ordering. Deliveries can take place to any address in Belgium or the Netherlands or to any CKS store in Belgium or the Netherlands.
- Orders will be delivered as soon as possible. When a good is on stock, we will make our best effort to deliver within a period of 3 working days.
- If we are not able to deliver on time, we will always notify you before the to the end of the delivery period. If we do not, you can cancel your order for free. In that case we will refund you within 30 days after dissolution of the agreement.
- If FNG is unable to deliver an item due to stock shortages or other unforeseen problems, this will be refunded to the customer within a period of 7 working days.
- The shipment of goods and gift vouchers is always at our risk. So you do not have to worry about goods lost during transportation. If you, however, return goods to us within 14 days after delivery because you prefer not to keep them, you will be responsible for the transportation.
- As soon as the goods are delivered on the chosen address, all risk is transferred to you.
- You or another person designated by you needs to be at home at the moment of delivery. In case you are not at home, we will contact you to make arrangements for a second delivery.
- Mailbox addresses won’t be accepted due to the nature of the goods.
- FNG is not responsible for failed deliveries when:
FNG’s responsibility or liability will in any case be limited to the total price of the ordered goods.
- the Buyer gives us an incorrect address;
- no one is home at the moment of delivery;
- the Buyer doesn’t give the correct/new address within 24h.
Article 9 - Right of withdrawal
- The Buyer has the right to decide not to keep the goods for 14 days from delivery or conclusion of the agreement. In such a case, the Buyer can return the order, without payment of a fine and without giving any reason, via delivery of the goods to kariboo! Spot (free), PostNL point (the Netherlands) or via delivery in a CKS shop (free). Within 14 working days after the order has been received by FNG, or after the Buyer has indicated that he wishes to abandon the agreement, the full purchase price thereof will be paid back to the Buyer.
- The Buyer can only return the goods by free delivery in a kariboo! Spot, PostNL point (the Netherlands) or free delivery in a CKS store.
- We can refuse repayment as long as we have not received the returned goods or until you have shown you have returned the goods, depending on which event occurs first.
- We expect you to handle the order as well as the packaging with the utmost care during the first 14 days after delivery. If you want to return the goods as described above, you may only unpack or use them to the extend needed to assess whether or not you wishes to retain them. Returned goods may be tested, but not used.
In order to exercise your right to return, please fill out the returnform that is added to every FNG delivery. In addition, you can also use the model withdrawal form: print here.
FNG reserves the right to charge a value reduction if goods are damaged, used or dirty upon return or if the original packaging or labels are missing.
- When returning the goods, you will also have to return all delivered accessories and – if reasonably possible – return the goods in their original condition and packaging as well as taking in account our instructions as listed in our FAQ.
- In order to exercise your right to return quickly and correctly, you can fill out the returnform. This form will be added to every delivery from CKS and can also be obtained by sending an email to our customer service). FNG will send the Buyer an acknowledgement of your withdrawal by email.
Article 10 - Reservation of ownership
- FNG reserves all ownership on the goods until the Buyer will have paid the total amount due (costs included).
- In the meantime, the Buyer is not allowed to sell the goods or to burden them in any way whatsoever.
Article 11 - Conformity and guarantee
- FNG guarantees that our products are in accordance with your order and meet the normal expectations you may have taking into account the specifications of the product. We also guarantee that our goods are in accordance with any at the moment of your order applicable law.
- As a Customer, you have right to a statutory 2-year warranty on goods purchased from us if this good is not in accordance with the placed order. During this period and within the legal limits, we provide for the free replacement or repair of goods showing a defect covered by the statutory warranty. During the first six months, you can in all cases call upon the guarantee. Afterwards you have to prove that the defects in the goods were not caused by abnormal use.
- To appeal to a guarantee, the Buyer will be asked to present your purchase receipt or invoice if you want to call on the guarantee. Every defect needs to be declared within 2 months, afterwards every right to replacement or repair is expired.
- Please note: We never guarantee for defects cthat arise as a result of accidents, aggravation of the condition due to negligence, falls, non-compliance with the washing or usage instructions, harsh use, abnormal, commercial or incorrect use.
Article 12 - Force majeure
- In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.
- Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties,…
Article 13 - Intellectual property
- Our website, logos, texts, photographs, names, and in general all our communications are protected by intellectual property rights either belonging to us or our suppliers or other claimants.
- Intellectual property rights are understood to mean patent-, copyright-, trademark-, drawing- and design-rights and / or other (intellectual property) rights, including technical and / or commercial know-how, methods and concepts.
- It is forbidden to use and/or change any of the intellectual property rights as described in the present clause. So you may not copy nor reproduce for example drawings, photographs names, texts, logos, colour combinations, etc. without our prior written and explicit consent.
Article 14 - Complaints procedure
- We do hope that all our customers are always 100% satisfied. If nevertheless you would have complaints concerning our services, please do not hesitate to contact our customer service. We will do the utmost to reply to the mail within 48h.
- In addition to the internal complaints procedure of the webshop, you can always contact BeCommerce and the European ODR platform: http://ec.europa.eu/consumers/odr
Article 15 - Applicable law and disputes
- All contracts we conclude with our customers are, regardless of their place of residence, exclusively governed by Belgian law.
The applicability of the Vienna Sales Convention is expressly excluded.
- All disputes related to or arising from offers made by FNG or agreements concluded with FNG will be submitted to the competent courts and tribunals of Belgium, unless a mandatory legal provision expressly designates another judge as competent.
- As a member of BeCommerce, our website endorses the BeCommerce code of conduct. You can find the BeCommerce code of conduct here.
Article 16 - Various provisions
- For every additional inquiry or remark on these general terms and conditions, you can contact FNG International via:
Article 17 - Sales and promotions
- During the sales and promotion periods, the price that the cash register scans in the stores or the price that appears on the check-out page applies.
- All discounts are valid on the indicated products and while stocks last.