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Terms and conditions
1. Applicability
In these General Terms and Conditions, the following definitions apply:
The Kube
BOX COM CONSULTANCY with company number BE 0843.764.891.
Copper
Any natural or legal person who is or will be in a contractual relationship of any kind with The Kube.
Consumer Buyer
Any natural or legal person who, solely for non-professional purposes, acquires or uses marketed products or services.
Products
The subject of one or more agreements.
These General Terms and Conditions apply to all offers from The Kube, as well as to all agreements entered into with The Kube.
In addition to these General Terms and Conditions, if expressly indicated, additional terms and conditions may apply to certain services and/or products. If there are differences between the Additional Terms and Conditions and these General Terms and Conditions, the provisions of the Additional Terms and Conditions will in principle prevail over the General Terms and Conditions, unless otherwise stated.
It is only possible to deviate from one or more provisions in these General Terms and Conditions if this has been expressly agreed in writing. In that case, the other provisions of these terms and conditions will remain in full force and effect.
General Terms and Conditions used by the Buyer do not apply, unless expressly agreed in writing by The Kube.
The Kube reserves the right to change and/or supplement the Terms and Conditions at any time for future orders.
By using the webshop of The Kube and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the Website.
The Kube is authorized to call on third parties in the execution of an agreement with the Buyer.
2. Offers and conclusion of agreements
Offers are valid while stocks last.
An agreement is concluded at the moment that an order confirmation has been handed over to the Buyer or, in the event that the offer has been made via the Website, has been sent by e-mail to the e-mail address provided by the Buyer.
The Buyer and The Kube expressly agree that a valid agreement can be concluded by using electronic forms of communication. In particular, the lack of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of The Kube are hereby deemed to be a presumption of evidence, to the extent permitted by law.
Information, images, verbal announcements, statements, etc. with regard to all offers and the most important characteristics of the products that are provided by telephone or e-mail are given or given as accurately as possible.
3. Prices
All prices are expressed in Euro and include VAT.
Special offers are only valid while stocks last.
The Buyer owes the price that The Kube has communicated to it in its confirmation in accordance with Article 2.3 of these terms and conditions. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by The Kube after the agreement has been concluded.
Delivery costs are clearly communicated to the buyer. With regard to certain payment methods, further conditions apply with regard to the delivery method and any costs. This will be clearly communicated to the Buyer.
4. Payment
You can pay in the following ways for orders via the The Kube webshop:
• Bank transfer: follow the instructions via the order process or in the order confirmation email.
The Kube can further expand the payment options in the future, during the checkout of your order via our webshop you can find our currently available payment options.
If the amount owed by the Buyer is not paid within 10 days after its dispatch, the statutory interest will be due by operation of law and without notice of default, plus a fixed compensation of 10%, with a minimum of € 250.00 without prejudice to any costs. of reminders and legal costs.
5. Delivery and delivery time
The Kube delivers within 5 working days within Belgium (BE). In principle, The Kube aims to ship orders placed before 1 p.m. on a working day that same day. Unless otherwise stated, the latest delivery time is thirty (30) days after receipt of the order, with the exception of payment by bank transfer, where the latest delivery time is 30 days after receipt of payment. Except for a Consumer Buyer, the stated delivery time is only an indication, therefore no rights can be derived from this.
If a product that is temporarily out of stock is ordered by the Buyer, it will be indicated when the product is available again. The Kube aims to notify the Buyer of delays within one business day by telephone or email.
Deliveries take place at the address specified by the Buyer during the conclusion of the agreement.
As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Buyer.
If the delivery is made in parts (for example when only some but not all ordered products are in stock), then The Kube has the right to regard each delivery as a separate transaction.
The Buyer is obliged to take delivery of the purchased goods within the agreed term. Failing this, The Kube is entitled to demand payment of the purchase price of the part that has not been purchased, or to consider the agreement dissolved without judicial intervention (subject to repayment to the Buyer of any advances already paid for the product in question).
6. Defects and Complaint Period
The Buyer is obliged to inspect the products accurately (or have them inspected) immediately after receipt. Complaints from the Buyer relating to defects in the product or the delivery, which are externally observable, must be submitted by the Buyer within seven (7) days after delivery (or within seven (7) days after the invoice date if the products are not delivered to the Buyer ( could) be delivered), be notified to The Kube in writing.
The Buyer, who is not a Consumer Buyer, is not entitled to return the products for which there are no motivated complaints. If this is done without valid reasons, then all costs associated with the return will be borne by the Buyer. In that case, The Kube is free to store the products among third parties at the expense and risk of the Buyer and to return them to the Buyer at the Buyer’s request and expense.
7. Right of renunciation and exchange
When you purchase a product on www.thekube.be you, as a consumer, can waive your purchase for 14 days from the day of delivery. You have this time frame to notify us of your decision to return the product.
Within 14 days after we have received your order back or you have indicated that you want to cancel the agreement, we will refund you the full purchase price.
In case the goods are manufactured according to the customer’s specifications, they have a personal character and cannot be taken back. As a result, canceling an order is not possible.
The Kube is never liable for any damage – including theft or loss – that occurs to the packaging or the product when it is returned.
If the product is not received in accordance with the conditions of the right of withdrawal, the purchase amount will not be refunded. The product remains the property of the Buyer, who is obliged to collect its property within two weeks. The product can also be delivered at the request of the Buyer.
8. Retention of ownership
Ownership of a product, notwithstanding the actual delivery, will only pass to the Buyer after the latter has fully paid the payment due for this product, including reimbursement of interest and costs.
The Buyer may not tax, sell, resell, dispose of or otherwise encumber the products before the ownership thereof has passed.
9. Warranty and Liability
In principle, the warranty applies to products delivered by The Kube, as determined by the manufacturer of the relevant article. If the delivered item does not comply with the agreement, the Buyer must notify The Kube within a period of two months after discovery. Consumer Buyers are entitled to the rights as set out in Articles 1649bis up to and including. 1649octies of the Civil Code are included.
If, for whatever reason, The Kube is obliged to compensate any damage to a Buyer who is not a Consumer Buyer, then that compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.
Without prejudice to the provisions of this article, there can be no guarantee in the following cases:
- if the wear can be considered normal;
- if changes have been made in or to the product, including repairs that have not been performed with permission from The Kube or the manufacturer;
- if the original invoice cannot be submitted, has been changed or has been made illegible;
- if defects are the result of use that does not correspond to the intended purpose or of improper use;
- if damage is caused by intent, gross negligence or negligent maintenance.
De Koper die geen Consument Koper is, is gehouden The Kube te vrijwaren van enige aanspraak die derden ter zake van de uitvoering van de overeenkomst tegen The Kube zouden kunnen doen gelden (bijv. gevolgschade), voor zover de wet er zich niet tegen verzet dat de desbetreffende schade en kosten voor rekening van de Koper dienen te komen.
Het is mogelijk dat The Kube op haar Website links opneemt naar andere websites die mogelijk interessant of informatief voor de bezoeker zijn. Dergelijke links zijn louter informatief. The Kube is niet verantwoordelijk voor de inhoud van de website waarnaar wordt verwezen of het gebruik daarvan.
Wanneer er voor het achterhalen van een defect van het product of onderdeel van het product, welke is uitgesloten van garantie, onderzoekskosten worden gemaakt en deze kosten op grond van artikel 9.3 uitgesloten blijken te zijn van garantie, dan zijn deze kosten altijd voor rekening van de Koper. The Kube streeft ernaar hiervan van tevoren melding te maken. Het achterwege blijven van deze melding ontslaat de Koper niet van de verplichting tot het betalen van deze kosten.
Wanneer aan het herstellen van een defect kosten zijn verbonden en deze herstelling op grond van artikel 9.3 uitgesloten blijkt te zijn van garantie, dan wordt de Koper hiervan op de hoogte gesteld. Wanneer de Koper niet uitdrukkelijk schriftelijk akkoord gaat met de kostenopgave, dan kan zij haar eigendom retour ontvangen tegen betaling van de onderzoekskosten. Wanneer de Koper deze onderzoekskosten zes (6) maanden na het aanbieden van de kostenbegroting nog niet heeft betaald, dan vervalt het eigendom van het product aan The Kube.
Op gebruikte, 2de hands of demonstratiemodellen kan een verminderde garantie van toepassing zijn.
10. Force majeure
In case of force majeure, The Kube is not obliged to fulfill their obligations towards the other party. The Kube is entitled to suspend its obligations for the duration of the force majeure.
Force majeure is understood to mean any circumstance beyond its control that prevents the fulfillment of its obligations towards the other party in whole or in part. These circumstances include strikes, fire, business disruptions, energy disruptions, disruptions in a (telecommunications) network or connection or communication systems used and/or the Website being unavailable at any time, non-delivery or late delivery from suppliers or other third parties engaged and the absence of any license to be obtained from the government.
11. Intellectual Property
The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and/or the Website are vested in The Kube, its suppliers or other entitled parties.
Intellectual property rights are understood to mean patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.
The Buyer is prohibited from using and/or making changes to the intellectual property rights as described in this article, such as reproduction without the express prior written permission of The Kube, its suppliers or other entitled parties, unless it is purely for private use. of the product itself.
13. Applicable law and competent court
All offers and agreements are exclusively governed by Belgian law, excluding the principles of conflicts of law in space. The applicability of the Vienna Sales Convention is expressly excluded.
All disputes related to or arising from offers from The Kube, or agreements concluded with it, will be submitted to the competent court of the district of Antwerp, unless a mandatory legal provision expressly designates another court as competent.
14. Miscellaneous Provisions
The registered office of The Kube is located at Kinderwelzijnstraat 20, 2920 Kalmthout with KBO number BE0843.764.891. Please send all correspondence regarding an agreement or these terms and conditions to The Kube at the aforementioned address or to the e-mail address groen@thekube.be
The Kube strives to answer the emails it receives within 24 hours. If complaints are reported to The Kube, the Consumer Buyer will in any case be informed within five (5) working days of the period in which he will receive a proposal from The Kube to resolve the dispute.
If any provision of these Terms and Conditions should be illegal, void or for any other reason unenforceable, such term shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. These Terms and Conditions constitute the entire agreement between Buyer and The Kube with respect to the subject matter contained therein.
15. Changes
The Kube reserves the right to amend their terms and conditions. Changes will always be published on this website prior to their coming into effect. It is recommended that you consult this policy regularly so that you are aware of these changes.
16. Questions
If you would like more information or have questions about The Kube’s terms and conditions, please contact us here.