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Terms & conditions Kyboka BV 2014

Article 1. APPLICABILITY

1.1 / These Terms and Conditions are applicable to all offerings, orders, with or without via prescription, from KYBOKA BV, (hereafter referred to Kyboka) and to all agreements concluded with Kyboka.
1.2 / The Terms and Conditions of Kyboka are available on the website of Kyboka (www.kyboka.com)
1.3 / Kyboka reserves the right to make additions or changes unilaterally and without pre notice to these Terms and Conditions.
1.4 / Any deviations and / or additions to these Terms and Conditions may only be based on an express written agreement with Kyboka.
1.5 / The applicability of these Terms and Conditions is excluded, unless expressly agreed otherwise in writing.
1.6 / Kyboka is authorized to engage in the execution of an agreement intermediaries and third parties in which case all rights and claims as in these Terms and Conditions and any additional written agreements stipulated for Kyboka also be stipulated for engaged by Kyboka intermediaries and other third parties.
1.7 / Any natural or legal person (hereinafter also referred to as "buyer" or "consumer") that will be placed in a contractual relationship with Kyboka accept these Terms and Conditions by using the website Kyboka, including the webshop and then or by accepting an offer of Kyboka or placing an order with Kyboka.

Article 2. ORDER & AGREEMENT

2.1 / Buyers may come into the possession of Kyboka products by ordering via the Kyboka webshop (www.kyboka.com), by email (shop@kyboka.com) or directly at events and markets.
2.2 / Purchases and orders via subscription (Pre-order) of upcoming items in production to be done in the knowledge that the shipping time is uncertain, and the purchase agreement is binding within a predetermined period of time. After exceeding this term, the purchase agreement should be confirmed again by the buyer. Kyboka reserves the right then to propose a new offer.
2.3 / All offers and quotations are without obligations and free of charge.
2.4 / Kyboka reserves the right to change offerings, prices or to withdraw these.
2.5 / Offers are valid while stocks last.
2.6 / Kyboka is free to refuse deliveries, in which case Kyboka will inform the buyer about its motivation by e-mail or otherwise within 10 days after placing the order.
2.7 / An order is placed, as all required information is entered in the appropriate input screens made available on the website or order form of Kyboka and if the related purchase confirmation is electronically received by Kyboka.
2.8 / A contract is formed when Kyboka has accepted the order and sent a confirmation email to the email address as specified by the buyer.
2.9 / The buyer and Kyboka agree that pursuant to paragraph 5 and 6 of this Article that a purchase contract which has only come about with the help of electronic communication is binding and that the lack of a signed paper document does not alter this.
2.10 / Kyboka puts utmost care in providing accurate and complete information on all of its communication channels. Kyboka can not guarantee that all offers and products are in accordance with the information provided (especially in the field of color deviations may occur). Any deviations are, in principle, no argument for the provision of compensation and / or terminate the agreement.

Article 3. PRICES & PAYMENTS

3.1 / All prices on the Kyboka website are in euros (€) (including certain legal VAT).
3.2 / As long as no agreement has been reached, Kyboka is free to change prices or its terms
3.3 / You can pay the items selected in the webshop via one of the payment options as listed on the site. Based on the outcome of an address credit check payment options can be locked.
3.4 / Special offers are only valid for the duration indicated in the offer. Offers may vary by medium, region or country.
3.5 / Delivery costs are not included in the item price. Delivery costs are calculated per order. Depending on the size of the order, the payment method, the delivery address and speed, the costs are on the buyer's account. Pick-up is only possible by appointment.
3.6 / The buyer is the amount payable as stated in Kyboka’s confirmation by e-mail as mentioned in article 2.6 of these Terms and Conditions plus any delivery cost. Kyboka is entitled, even after the conclusion of the agreement, to correct obvious errors (e.g. incorrect additions, etc.) in the quotation.

Article 4. DELIVERY

4.1 / Delivery times will only commence upon receipt at Kyboka after full and proper order and the full amount due. The delivery times are indicative only, crossing the indicated delivery times are not grounds for cancellation of the order or termination of the agreement.
4.2 / If the delivery time is longer than 60 days, the buyer is entitled to cancel free of charge within 7 calendar days.
4.3 / In principle, all items shown in the Kyboka shop are in stock. In case this is temporary not the case, Kyboka will inform through the website or otherwise about its delivery time(s).
4.4 / Items will only be delivered to the address specified by the buyer at the conclusion of the agreement or be picked up by appointment.
4.5 / Delivery occurs when the items as ordered will be receipted by (or on behalf of ) the buyer. The risk relating to the items ordered will pass to the buyer once the ordered items will be delivered at the delivery address or picked-up in person.
4.6 / Kyboka determines via which carrier the ordered items will be delivered.
4.7 / Kyboka reserves the right to deliver in installments, the buyer should not bear additional costs.
4.8 / If Kyboka delivers incorrect or incomplete orders, the buyer is obliged to report this to Kyboka within 7 days of receipt of the items. Kyboka will correct the delivery on Kyboka’s account.

Article 5. EXCHANGE & RETURN

5.1 / If delivery of the ordered items (whether or not as a result of transport) exhibit obvious defects, the buyer should report this to the employee of the carrier or directly to Kyboka and refuse receipt.
5.2 / The buyer must inspected the items thoroughly upon receipt. When applicable, defects have to be reported immediately, and within two days of receipt by email to: shop@kyboka.com
5.3 / For deliveries under contracts that have been established through the Kyboka website or by email, the buyer can return these items within 14 days upon receipt.
5.4 / If the condition of a returned item is as brand new, i.e. equally to one after viewing in a store and equipped with the original labels and tags, Kyboka will as soon as possible but no later than 30 days after receipt by Kyboka, only refund the item price to the buyer. Damaged or used items can not be exchanged.
5.5 / For returns the buyer must make use of the undamaged original packaging. A copy of the original invoice must be included.
5.6 / Returns are at the expense of the customer.
5.7 / Not or incomplete postage due returns are not accepted by Kyboka.
5.8 / For returns the buyer must use the transporter as appointed by Kyboka.
5.9 / For any damage (including theft or loss) on returns Kyboka is not liable.
5.10 / Service deliveries, such as the supply of spare parts, are excluded from the right to return.

Article 6. WARRANTY

6.1 / Kyboka guarantees the product purchased in respect of any material or workmanship for one year after delivery.
6.2 / If your product after purchase or during the warranty period (under normal use as described in the manual of the item) shows defects associated with assembly or materials used, notification has to be made to Kyboka after discovery of the defect within two weeks through an e-mail to: shop@kyboka.com.
6.3 / If it is demonstrated that the reported defects and the warranty as expressed in this article is applicable, Kyboka (at its sole discretion) will proceed to repair and / or replacement. The owner of the item is obliged to designate Kyboka Service for recovery. Besides said repair Kyboka has no obligation to any other compensation and can not be addressed for that.
6.4 / Any transport / or research costs associated with defects in items covered by the warranty, shall be on the account of the owner of the item.
6.5 / The guarantee does not apply if the defect was caused due to disrespecting the instructions of the item accident, neglect, abuse, rental, competition situations, commercial use, or due to normal wear and tear during everyday use.
6.6 / Repairs and modifications should only be carried out by an authorized service center or Kyboka Service in all other cases void the warranty.
6.7 / The warranty does not cover damage or removal of the serial number of the article. The warranty is void if there has been lightning, damage by moisture or other external causes or mischief.
6.8 / The warranty is not transferable to another owner.
6.9 / To make a warranty claim, the first owner should show the original purchase receipt.
6.10 / These provisions include any guarantee of Kyboka and its authorized service centers.

Article 7. LIABILITY

7.1 / The owner of a product supplied by Kyboka is obliged to indemnify any claims that third parties may claim, based on the delivery, the ownership or use of the product.
7.2 / Kyboka’s liability, on any grounds whatsoever, is limited to a maximum of the value of the product purchased. Any other or further liability is excluded.
7.3 / Kyboka is not liable for consequential and/or business damages or damages, indirect damages and loss-or turnover.
7.4 / Kyboka is not responsible and / or liable for misunderstandings, incorrect or delayed transmission of orders and other communications as a result of the use of the Internet or other means of communication.
7.5 / Kyboka is expressly not responsible and / or liable for the content and / or use of any web pages referenced through links on the website Kyboka.

Article 8. RESERVATION PROPERTY

8.1 / The actual delivery of products takes place at the time the buyer or a third party on behalf of the buyer, the product takes delivery of the carrier or of any Kyboka employee. The risk in respect of the products supplied shall pass to the buyer at the time of the actual transfer as defined above.
8.2 / The ownership of the products passes to the buyer when the buyer has paid pursuant to any agreement with Kyboka he owes Kyboka including partly but not limited to the payment of interest and costs relating to any and all other deliveries.
8.3 / The buyer may not sell products, charge, alienate or otherwise tax before ownership of the products has passed to the buyer.
8.4 / Kyboka is at all times authorized to (let) take its belongings back without notice of default is required.

Article 9. INTELLECTUAL PROPERTY

9.1 / All intellectual property rights of products and statements regarding Kyboka's products, including but not limited to the website of Kyboka, vested in Kyboka.
9.2 / Buyer acknowledges the intellectual property rights of Kyboka and declares to be aware that the buyer is prohibited to use the intellectual property rights of Kyboka without the prior written consent of Kyboka.
9.3 / Under intellectual property rights in this article include patents, copyrights, trademark rights models, but other whether or not patentable technical or commercial know-how, drawings, software, methods and concepts.

Article 10. PROTECTION OF PERSONAL & CREDITORS

10.1 / Kyboka treats and processes the data from buyers confidentially and in accordance with the applicable Dutch laws and regulations, as well as the Kyboka Privacy Statement.
10.2 / The buyer's information is stored and passed on to service providers of Kyboka to the extent necessary for the performance of the contract and the completion of the order.
10.3 / Addresses and order information are used by Kyboka solely for its own marketing purposes unless the buyer objects at any time.

Article 11. MISCELLANEOUS

11.1 / Colours and designs of components in different shipments can slightly differ, this creates no warranty, no right to terminate the contract or entitled to any other claim on Kyboka.
11.2 / Due display settings on the website of Kyboka displayed colors differ from reality, this creates no warranty and no right to dissolve the agreement.

Article 12. COMPANY INFORMATION

Kyboka BV
Kempensebaan 73
5613 JC Eindhoven
Netherlands
Tel: 06-36163211
shop@kyboka.com
www.kyboka.com
Rabobank 1504.88.580
Rabobank IBAN NL48RABO0150488580
Chamber of Commerce: 17258453
BTW: NL821189281B01

Article 13. FORCE MAJEURE

13.1 / In case of force majeure Kyboka has the right to suspend or terminate the agreement without the intervention of the courts. To the extent possible given the force majeure, Kyboka will notify the buyer by email, telephone or in writing.
13.2 / Force majeure in this article means any circumstance which prevents Kyboka fully meet its obligations to the buyer to satisfy and which circumstance humanly possible Kyboka can not be accountable for. These include, but not exclusively, acts of God, war, fire, power failures, (ICT) failures, strikes and failures at Kyboka supplier’s site.

Article 14. PARTIAL REVOCATION, LAW & JURISDICTION COURTS

14.1 / In the event that one or more provisions of these Terms and Conditions or any other agreement with Kyboka wholly or partially is in conflict with the law, than these articles (or parts of it) will be canceled and replaced by similar, established by Kyboka, provisions that are permissible within the law. The remaining provisions shall remain unaffected.
14.2 / These Terms and Conditions and all offers, orders, agreements and deliveries which these Terms and Conditions apply to, only Dutch law is applicable.
14.3 / The applicability of the Vienna Sales Convention is expressly excluded.
14.4 / All disputes are resolved, preferably in consultation. If this is not possible, all disputes relating to or arising from the application of these Terms and Conditions, offers and deliveries by Kyboka or agreements concluded with Kyboka will be submitted to the competent court in 's Hertogenbosch, unless the law explicitly another court as authorized designates.
14.5 / Rights can only be derived on the basis of the Dutch version of these general Terms and Conditions.


Kyboka BV 21/ 07/ 2014