General sales conditions Kedai BVBA - www.orientalpanda.com
Company number BE-0688538167
Establishment number 2.272.519.562
Legal form: BVBA, registered office at Verrekijker 10, 8750 Wingene, Belgium, RPR Brugge
Article 1: General provisions
The e-commerce website of Kedai, a BVBA with registered office at Verrekijker 10, 8750 Wingene, Belgium, VAT BE-0688538167, RPR Brugge, (hereinafter referred to as Kedai BVBA) offers its Customers the possibility to purchase online the products from its webstore.
These Terms and Conditions ("Terms") apply to every order placed by a visitor to this e-commerce website ("Customer"). When placing an order via the web shop of Kedai BVBA, the Customer must explicitly accept these Terms and Conditions, with which he agrees to the applicability of these Terms and Conditions, to the exclusion of all other conditions. Additional conditions of the Customer are excluded, except when these have been accepted in advance by Kedai BVBA in writing and explicitly.
Article 2: Price
All prices are expressed in EURO, always including VAT and all other duties or taxes that are required by the Client.
If delivery, reservation or administrative costs are charged, this will be mentioned separately.
Check prices and free delivery terms on our Delivery terms.
The indication of price only refers to the articles as described. The accompanying photos are designed for decoration and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalog and the e-commerce website are compiled with the utmost care, it is still possible that the information provided is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind Kedai BVBA. Kedai BVBA is only bound to an obligation of means with regard to the correctness and completeness of the information provided. Kedai BVBA is in no way liable in case of manifest material errors, typesetting or printing errors.
If the Customer has specific questions about eg size, color, availability, delivery time or delivery method, we request the Customer to contact our Customer Service in advance.
The offer always applies while stocks last and can be adjusted or withdrawn at any time by Kedai BVBA. Kedai BVBA cannot be held responsible for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
Kedai BVBA has the right to sell all items that are listed under the establishment unit data. This includes food, non-alcoholic and alcoholic drinks.
Article 4: Online purchases
The order is created by reserving the selected products in the shopping cart. After that, the Customer has the choice to continue shopping or to pay. Via the 'Continue with payment' button you enter the settlement process before you have completed an order:
Personal data: if desired, the Customer can fill in his details by creating an account or paying it off as a guest. Via the 'Continue' button you enter the address window.
The Customer must fill in the shipping address. Via the button 'Continue' you end up in the payment window.
The Customer selects the shipping method; this is either home delivery or collection yourself. Via 'Continue' you end up in the payment window.
The Customer chooses the payment method and has to agree with the general conditions and the right of withdrawal. By clicking on 'Order with payment obligation' the order will be finalized
After payment, the Customer receives a mail confirming the order and receipt of payment. Automatically a track and trace email is sent via the shipping company where the Customer can follow up his order.
Inquire about non-delivery
If an order is not delivered, we will follow this up with the sender (Bpost, DHL, PostNL). The Customer normally receives the order again, the costs of the lost products are recovered from the shipper. There is a standard insurance of 500 euros per shipment.
If the wrong or too few products are delivered, these will still be delivered in a new order. Depending on the cost price of the products, the Customer can keep it or return it.
If a product is damaged, it will be delivered free of charge to the Customer via a subsequent order. The costs are then recovered from the shipper if it appears that the packaging itself has been done correctly.
This possibility is included in the general conditions. The sender can not guarantee up to 100% that the next working day can always be delivered. The Customer can also follow the tracking site at any time to see when the delivery is due.
Customers have the opportunity to obtain product information via:
· The website itself. Per product information is shown about the content and if applicable also with which type of dishes this can be used.
· By email. The Customer can always send an e-mail for more product information. An attempt is made to respond to Customer's request within 1 working day.
· By phone. The Customer can reach us at certain hours for more explanation with regard to certain products or other information. The intention is to offer this service every working day during working hours.
Status of the order
Once the Customer has ordered, he automatically receives an email that the order is being processed. If the order is actually shipped, the Customer receives a tracking e-mail via the sender, on which the order can be followed.
Article 5: Delivery and execution of the agreement
Items ordered through this webshop are delivered in most European countries.
The delivery is made by shipping through the shipping company. Upon receipt of the package, no additional costs are incurred by the Customer unless agreed with Kedai BVBA.
Unless otherwise agreed or expressly provided otherwise, the goods will be delivered to the Client's domicile within 1 working day after receipt of the order.
Delivery conditions: if the order is received before 1 PM (13:00), the delivery is made on the next working day. If the order is made on a Saturday or Sunday, a delivery will follow on Tuesday. Kedai BVBA is not responsible if an order is not delivered within the aforementioned period of time. Kedai BVBA cannot be held responsible for force majeure, strike or delay of the shipping company. Kedai BVBA will always try to inform Customers about delays via the shipping company.
Any visible damage and / or qualitative shortcoming of an article or other defect in the delivery must be reported to Kedai BVBA immediately.
The risk of loss or damage passes to the Customer from the moment he (or a third party designated by him, which is not the carrier) has received the goods physically. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier of the Customer has been instructed to transport the goods and this choice was not offered by the Kedai BVBA.
Article 6: Reservation of ownership
The delivered items remain the exclusive property of Kedai BVBA until the moment of full payment by the Customer.
The Customer undertakes, if necessary, to inform third parties of the retention of title of Kedai BVBA, for example to anyone who seizes the items that have not yet been paid for.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who, in their capacity as consumers, purchase items online from Kedai BVBA.
If the right of withdrawal applies:
The Customer has the right to withdraw from the contract within 14 calendar days without giving any reason. This is only valid on goods that are unopened (type 'dry food with indication of THT date). The following products can NEVER be returned due to the shelf life factor: fresh fruit and vegetables, refrigerated and frozen products.
The revocation period expires 14 calendar days after the day on which the Customer or a third party appointed by the Customer, who is not the carrier, physically receives the last shipment or the last part
In order to exercise the right of withdrawal, the Customer must notify Kedai BVBA (Verrekijker 10, 8750 Wingene, telephone: (0032) (0) 51506165, email: firstname.lastname@example.org) through an unequivocal statement (in writing by mail, email or telephone) informing him of his decision to withdraw from the contract. The Customer can use the attached model withdrawal form for this purpose, but is not obliged to do so.
The Customer can also complete and submit the standard form for withdrawal or any other clearly formulated declaration electronically via our website www.orientalpanda.com. If the Customer makes use of this option, we will immediately send the Customer a confirmation of receipt of his revocation on a durable medium (eg by e-mail). "After the revocation, the Customer receives an e-mail explaining in detail how the instructions the products can be returned, Kedai BVBA will make every effort to offer other products or to make an arrangement with regard to the reimbursement, but the return of the products will always be at the expense of the Customer.
In order to comply with the withdrawal period, the Customer must send his notice regarding his exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return the goods without delay, but in any case no later than 14 calendar days after the day on which he has notified his decision to cancel the agreement to Kedai BVBA, or hand it over to the shipping company that Kedai BVBA will inform at that time. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.
Unopened and undamaged goods of the dry food type with THT date may always be returned free of charge to Kedai BVBA (Verrekijker 10, 8750 Wingene), only after a clear appointment for a specific date and time with Kedai BVBA.
The direct costs of returning the goods are at the expense of the Customer.
The direct costs of returning the goods are at the expense of the Customer. The costs are paid to the shipping company (eg Bpost, DHL, ...)
If the returned product is in some way reduced in value, Kedai BVBA reserves the right to hold the Customer liable and demand compensation for any value reduction of the goods that is the result of the Customer's use of the goods. which goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.
Only articles of the dry food type with THT date that are in the original packaging, together with all accessories, instructions and invoice or proof of purchase can be taken back.
If the Customer revokes the agreement, Kedai BVBA will refund all payments received by the Customer up to that moment, excluding the standard delivery costs, within a maximum of 14 calendar days after Kedai BVBA has been informed of the Customer's decision to agreement. In the case of sales agreements, Kedai BVBA can wait with the repayment until it has received all the goods back, or until the Customer has demonstrated that he has returned the goods, whichever comes first.
Extra costs resulting from the Customer's choice for a return will not be refunded by Kedai BVBA.
Kedai BVBA will refund the Customer with the same payment method with which the Customer has performed the original transaction, unless the Customer has explicitly agreed otherwise; in any case, the Customer will not be charged for such reimbursement. Kedai BVBA pays the customer the full amount of the returned goods that meet the type of dry food with the THT date, with the exception of the shipping costs resulting from the return of the goods.
The Customer cannot exercise the right of withdrawal for:
The delivery of goods manufactured according to the specifications of the Customer, or that are clearly intended for a specific person;
The delivery of goods that spoil quickly or with a limited shelf life;
The delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
The delivery of goods which, after delivery, are irrevocably mixed with other products after delivery;
The supply of alcoholic beverages of which the price was agreed at the conclusion of the sales contract, but the delivery can only take place after 30 days, and the actual value of which depends on fluctuations of the market on which the company has no influence;
The delivery of newspapers, magazines or magazines, with the exception of contracts for a subscription to such publications.
Article 8: Warranty
Pursuant to the law of 21 September 2004 concerning the protection of consumers in the sale of consumer goods, the consumer has statutory rights. This legal guarantee applies from the date of delivery to the first owner. Every commercial guarantee leaves these rights unabated.
In order to make use of the guarantee, the Customer must be able to present a proof of purchase. Customers are advised to keep the original packaging of the goods.
For articles purchased online and delivered to the Customer's home, the Customer must contact the Customer Service of Kedai BVBA and return the item to Kedai BVBA at his expense.
In determining a defect, the Customer must inform Kedai BVBA as soon as possible. In any case, any defect must be reported by the Customer within a period of 7 days after it has been determined. Afterwards, no right to repair or replacement lapses.
The (commercial and / or legal) warranty is never applicable to defects arising as a result of accidents, neglect, falls, use of the article in violation of the purpose for which it was designed, non-compliance with the instructions for use or instructions, modifications or changes to the article, crackdown, poor maintenance, or any other abnormal or incorrect use.
Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, shall be deemed to be no hidden defects, unless the Customer proves otherwise.
The guarantee scheme does not apply to goods that do not fall under the dry food type with the THT date. The guarantee therefore expires for fresh fruit and vegetables, refrigerated and frozen products.
Article 9: Customer service
The Customer Service of Kedai BVBA can be reached on the telephone number (0032) (0) 491152067, by e-mail at email@example.com or by mail at the following address (Kedai BVBA, Verrekijker 10, 8750 Wingene). Any complaints can be directed to this.
Article 10: Sanctions for non-payment
Without prejudice to the exercise of other rights owned by Kedai BVBA, in the event of non-payment or late payment from the date of default, the Customer shall owe an interest of 10% per annum on the unpaid amount by operation of law and without notice. In addition, the Customer is legally and without notice a flat-rate compensation of 10% on the amount involved, with a minimum of 25 euros per invoice.
Notwithstanding the foregoing, Kedai BVBA reserves the right to take back the (fully) paid items.
Article 11: Privacy
The person responsible for processing, Kedai BVBA respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal data.
The personal data you provide will only be used for the following purposes: the execution of the concluded agreement, the processing of the order, sending newsletters, advertising and / or marketing purposes.
You have a legal right to inspect and correct your personal data. Subject to proof of identity (copy of identity card), you can receive the written notification of your personal data free of charge via a written, dated and signed request to Kedai BVBA, Verrekijker 10, 8750 Wingene, firstname.lastname@example.org. If necessary, you can also ask to correct the data that would be incorrect, incomplete or non-pertinent.
In case of use of data for direct marketing: You can oppose the use of your data for direct marketing free of charge. For this you can always contact Kedai BVBA, Verrekijker 10, 8750 Wingene, email@example.com.
We treat your information as confidential information and will not pass on, rent or sell it to third parties.
The Customer is responsible for keeping his login details confidential and the use of his password. Your password is stored encrypted, so Kedai BVBA does not have access to your password.
Kedai BVBA keeps online (anonymous) visitor statistics in order to see which pages of the website are visited to which extent.
If you have any questions about this privacy statement, you can contact us at Kedai BVBA.
During a visit to the site, 'cookies' can be placed on the hard disk of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify people, a cookie can only identify a machine.
The following types of cookies are used:
'First party cookies' are technical cookies that are used by the visited site itself and which aim to make the site function optimally. Eg: settings that the user made during the previous visits to the site, or: a prefilled form with data that the user has done during previous visits.
'Third Party cookies' are cookies that do not originate from the website itself, but from third parties, eg a marketing or advertisement plug-in. Eg. cookies from Facebook or Google Analytics. For such cookies, the visitor of the site must first give permission - this can be done via a bar at the bottom or at the top of the website, with reference to this policy, which does not prevent further surfing on the website].
You can set your internet browser in such a way that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this via the settings of your browser (via the help function). Keep in mind that certain graphic elements can not appear correctly, or that you will not be able to use certain applications.
Article 13: Adverse validity - non-renunciation
If any provision of these Terms and Conditions is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.
The failure at any time by Kedai BVBA to enforce any of the rights listed in these Terms and Conditions, or any right to exercise them, shall never be regarded as a renunciation of such provision and shall never affect the validity of these rights.
Article 14: Change of conditions
These Terms and Conditions are supplemented by other conditions that are explicitly referred to, and the general sales conditions of Kedai BVBA. In case of contradiction, these Terms and Conditions prevail.
Article 15: Evidence
The Customer accepts that electronic communications and backups can serve as proof.
Kedai BVBA has endorsed the Regulations of the UNIZO e-commerce label. A copy of these Regulations and access to the UNIZO complaints procedure is available via http://www.unizo.be/ecommercelabel/.
Article 16: Applicable law - Disputes
Belgian law applies, with the exception of the provisions of private international law on applicable law.
The courts of the Consumer's place of residence are competent in legal disputes. The Consumer can also turn to the ODR platform (http://ec.europa.eu/consumers/odr/).
Kedai BVBA has endorsed the Regulations of the UNIZO e-commerce label. These regulations are available on http://www.unizo.be/ecommercelabel/ where you can also go to settle complaints or disputes extrajudicially through the complaints procedure of UNIZO.
Appendix 1: Model form for cancellation
Dear Customer, you only have to fill in this form and return it if you want to cancel the contract.
To Kedai BVBA, Verrekijker 10, 8750 Wingene, firstname.lastname@example.org
I / We (*) share / share (*) hereby inform you that I / we (*) revoke / revoke our agreement regarding the sale of the following goods / delivery of the next service (*) (*):
Ordered on (*) / Received on (*):
Name / names consumer (s):
Consumer address (s):
Signature of consumer (s) (only required if sent by post)