General Terms and Conditions

november 2015

Table of contents

Article 1 – Identity of the Company

Article 2 – Definitions

Article 3 – Applicability

Article 4 – Offer

Article 5 – The contract

Article 6 – Prices

Article 7 – Payment

Article 8 – Delivery and execution

Article 9 – Right of return

Article 10 – Reservation of ownership

Article 11 – Conformity and Guarantee

Article 12 – Liability

Article 13 – Intellectual Property

Article 14 – Complaints procedure

Article 15 – Applicable law and disputes

Article 16 – Miscellaneous Provisions

Article 17 - Current Promotions

 

Article 1      Identity of the Company

FNG Group

Bautersemstraat 68A

2800 MECHELEN

VAT-number: BE0865.085.788

 

E-mail address: Webteam@CKS-Fashion.com

Bank account number: BE35 3630 8305 1137

Number of Enterprise under Belgian law: 0865.085.788

 

Article 2      Definitions

  1. Company: FNG
  2. 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.
  3. 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.
  4. Goods: all products offered by FNG on our Website
  5. Website: the Website of FNG, accessible via www.CKS-Fashion.com.
  6. 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
 
  1. Our General terms of use are applicable to every offer of FNG and for every concluded distance contract between FNG and the Customer, unless parties agreed upon on beforehand and in writing. These General Terms and Conditions apply only to 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.
  2. 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.
  3. In case the distance contract is concluded electronically, the general terms of use will be electronically available to the Customer before the distance contract will be concluded or at the moment of delivery of the Goods at the latest, in a manner that the Customer can easily save it on a durable medium or print it.
  4. If additional particular terms of use apply apart from these general terms of use, all of the above also applies to those particular terms. In case of differences between the general and particular terms, the clauses from the particular terms will prevail. The non-replaced clauses from the General Terms will remain in force.
  5. General terms of the Customer are not applicable, unless FNG agrees explicitly on beforehand and in writing.
  6. FNG reserves all rights to adapt these general terms and conditions if necessary at any moment.
  7. The Customer acknowledges the acceptance of these general terms and conditions by the fact of placing an order on the Website.
  8. 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. 

Article 4      Offer

  1. Offers are valid for the period mentioned on the Website and subject to availability.
  2. In case the offer depends on certain conditions, these conditions will be explicitly mentioned in the offer.
  3. 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.
  4. 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. 

Article 5      The Contract

  1. 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 CKS 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 en confirm order and payment by clicking on the button “Order and pay”.

After fulfilling the abovementioned process, the purchase is final. 

Article 6      Prices

  1.  All prices are mentioned in euro and VAT and other governmental taxes included.
  2. 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.
  3. 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. 

Article 7      Payment

  1. We only accept advance payment through the following means:
  • Mastercard;
  • Visa;
  • Paypal;
  • Bancontact;
  • Ideal;
FNG may propose other means of payment in the future. These new means of payment will be announced on the Website.
  1. 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
  2. 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.

 Article 8      Delivery

  1. 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 concept store in Belgium or the Netherlands.
  2.  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 a good is not available on stock, we will do our best to deliver your order within a period of 3 to 6 working days. We inform you of the delivery period in your order confirmation.
  3. if you order an item that is not on stock, we will inform you within 3 days by mail on the delay in delivery.
  4. 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.
  5. 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.
  6. As soon as the goods are delivered on the chosen address, all risk is transferred to you.
  7. 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.
  8. FNG is not responsible for failed deliveries when:
    1. you give us an incorrect address;
    2. no one is home at the moment of delivery;
    3. you don’t give your correct/new address within 24h;
    4. FNG’s responsibility or liability will in any case be limited to the total price of the ordered goods;
  9. Mailbox addresses won’t be accepted due to the nature of the goods.  

Article 9      Right of Return

  1.  If you buy goods from us, you have the right to decide that you do not want to keep the goods for 14 days from the delivery or  the conclusion of the contract. You can then return your order without penalty and without giving any reason by returning them to a KIALA-collection point (for free) or by returning them to any CKS-concept store in Belgium or the Netherlands (for free). Within 14 days after reception of your returned order or your indication that you wish to forgo the agreement, we will pay you back the full purchase price, by the same means of payment which you used for the purchase or any other means we deem appropriate.
  2. 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.
  3. 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. 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 below.
  4. 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 webteam@cks-fashion.com. We will send you an acknowledgement of your withdrawal by email..

Article 10 - Reservation of Ownership

  1. We reserve all ownership on the goods until you will have paid the total amount due (costs included). In the meantime, you are not allowed to sell the goods or to burden them in any way whatsoever. 

Article 11    Conformity and Guarantee

  1.  We guarantee 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
  2. 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.
    To the extent of what is possible or reasonable, you have a choice between replacement or repair. Only if replacement or repair is excessive or impossible, or impossible to offer within a reasonable time, you have the right to a reduction or to demand the dissolution of the contract of sale.
    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.
  3. You 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.
  4. We never guarantee for defects caused by accidents, not following the washing prescriptions, incorrect use,…

Article 12    Force Majeure

  1.  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.
  2. 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

  1.  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.
  2. 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

  1.  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 us at webteam@cks-fashion.com.
  2. We will do the utmost to deal with your complaint within 48h.

 Article 15    Applicable Law and Disputes

  1. All contracts we conclude with our customers are, regardless of their place of residence, exclusively governed by Belgian law.
  2. Only the courts of Antwerp are competent to adjudicate with disputes arising out of or connected to these contracts. If as a result of international law the law of a different country applies, the interpretation of the current terms and conditions will in the first instance be done in accordance to the Belgian Law on Market Practices and Customer Protection.

 Article 16    Miscellaneous Provisions

For every additional inquiry or remark on these general terms and conditions, you can contact FNG Group via e-mail webteam@cks-fashion.com
 
 Article 17    Current Promotions 
 
Winter jackets promotion: When buying winter jackets from the CKS WMN, FRIDAY, KIDS, BABIES & BAKER BRIDGE KIDS Winter ’16 collection.
Valid from 30/09/2016 till 13/10/2016. Cannot be combined with other offers.