THE KAM YUEN WEB SHOP’S GENERAL TERMS AND CONDITIONS

Contents

Article 1 - The Entrepreneur’s identity
Article 2 - Definitions
Article 3 - Applicability
Article 4 - The contract
Article 5 - The offer
Article 6 - The price
Article 7 - Payment
Article 8 - Right of withdrawal
Article 9 - Client’s obligations during the reflection period
Article 10 - Exercising the Client’s right of withdrawal and the costs
Article 11 - KAM YUEN Web shop’s obligation in case of withdrawal
Article 12 - Exclusion of the right of withdrawal
Article 13 - Continuing performance contract
Article 14 - Delivery and execution
Article 15 - Guarantee
Article 16 - Compliance
Article 17 - Complaints procedure
Article 18 - Special offers
Article 19 – Arbitration

Article 1 – The Entrepreneur’s identity

Name of Entrepreneur in the Articles of Association: KAM YUEN SUPERMARKET SA Trade name: KAM YUEN Web shop; Business address: Rue de la Vierge Noire 2-4, 1000 Brussels Phone number: 0032(0)25114868 Email address: kybrussels@outlook.com VAT identification number: BE0478.366.089 IBAN: BE04 3200 0384 7031 BIC: BBRUBEBB

Article 2 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:
1. Entrepreneur: KAM YUEN Web shop, located at Rue de la Vierge Noire2-4, 1000 Brussels
2. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities, and who enters into a distance contract with the KAM YUEN Web shop;
3. Company: the trade-registered company that acts for purposes related to his/her commercial, trade, craft or professional activities, and that enters into a distance contract with the KAM YUEN Web shop;
4. Client: Consumer or Company;
5. Technology for distance communication: a means to be used for concluding an agreement without the Client and the Entrepreneur being together in the same place at the same time, including (but not limited to) phone and internet;
6. Distance contract: a contract concluded by the Entrepreneur and the Client within the scope of an organized system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
7.Right of withdrawal: the Client’s option not to proceed with the distance agreement within the reflection period;
8. Reflection period: the period during which the Client may use his right of withdrawal, with a maximum duration of 14 days;
9. Day: calendar day;
10. Work day: Mondays to Fridays;
11. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
12. Sustainable data carrier: any means, including email, that allow the Client or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.

Article 3 – Applicability

1. These General Terms and Conditions apply to any offer from the KAM YUEN Web shop and to any distance contract concluded by the KAM YUEN Web shop and the Client.
2. Before concluding a distance contract, the KAM YUEN Web shop shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the KAM YUEN Web shop shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
3. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Client may always appeal to the applicable provision that is most favorable to him/her.
4. Contracts between the KAM YUEN Web shop and the Client to which these General Terms and Conditions apply, are exclusively governed by Belgium law.

Article 4 – The contract

1. Subject to the provisions in paragraph 6, the contract becomes valid when the Client has accepted the offer and fulfilled the terms and conditions set.
2. If the Client accepted the offer via electronic means, the KAM YUEN Web shop shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Client may repudiate the contract.
3. If the contract is concluded electronically, the KAM YUEN Web shop will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Client can pay electronically, the KAM YUEN Web shop shall observe appropriate security measures.
4. Before delivering the product, the KAM YUEN Web shop shall send the following information along with the product, the service or the digital content in writing or in such manner that the Client can store it in an accessible manner on a long-term data carrier:
a. the visiting address of the KAM YUEN Web shop’s business establishment where the Client may get into contact with any complaints;
b. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time;
c. The information that makes it clear to the Client what rights and obligations are attached to accepting the offer.
d. the information corresponding to existing after-sales services and guarantees;
e. The conditions on which and the manner in which the Client may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal.
5. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
6. The KAM YUEN Web shop may, within the limits of the law, gather information about Client’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract.
7. If the KAM YUEN Web shop has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.

Article 5 – The offer

1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Client to assess the products, or services and/or digital content adequately. If the KAM YUEN Web shop makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the KAM YUEN Web shop.
3. All offers contain such information that it is clear to the Client what rights and obligations are attached to accepting the offer.

Article 6 - The price

1. All prices indicated in the provision of products or services are including VAT.
2. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
3. Contrary to the previous paragraph, the KAM YUEN Web shop may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the KAM YUEN Web shop’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
4. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
5. Price increases from 3 months after concluding the contract are permitted only if the KAM YUEN Web shop has stipulated it and
a. they are the result of legal regulations or stipulations, or
b. The Client has the authority to cancel the contract before the day on which the price increase starts.

Article 7 – Payment

1. The order will be shipped once the KAM YUEN Web shop received confirmation of payment by the Client.
2. In case the Client has not complied with his payment obligation(s) in time, and the KAM YUEN Web shop has pointed out to him that the payment was late and allowed the Client a period of 14 days to comply with the payment obligations, the Client is to pay the statutory interest on the amount payable and the KAM YUEN Web shop is entitled to charge the Client with any extrajudicial collection costs.
3. The Client has the duty to inform the KAM YUEN Web shop promptly of possible inaccuracies in the payment details that were given or specified.

Article 8 – Right of withdrawal

1. The Client can repudiate a purchase contract for a product within 14 days after receiving the order. Only for the unused products, not damaged products and not opened products.
2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Client or by a third party appointed by him in advance and who is not the carrier.

Article 9 – Client’s obligations during the time of reflection

1. During this period, the Client shall handle the product and the packaging with care. The Client shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Client may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
2. The Client is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in subsection 1.

Article 10 – Exercising the Client’s right of withdrawal and the costs

1. The Client shall return the product or deliver it to (the authorized representative of) the KAM YUEN Web shop as soon as possible but within 14 days counting from the date of receipt. This need not be done if the KAM YUEN Web shop offered to collect the product himself. The Client observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
2. The Client shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the KAM YUEN Web shop.
3. The client has to fill the returned form that can be downloaded from our website.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Client.
5. The Client shall bear the direct costs of returning the product.
6. If the Client exercises his right of withdrawal, all additional agreements end by operation of law.

Article 11 – KAM YUEN Web shop’s obligations in case of withdrawal

1. The KAM YUEN Web shop shall reimburse all payments for the returned product, excluding any delivery costs of the returned product.
2. The KAM YUEN Web shop shall make use of the same means of payment that the Client used, unless the Client consents to another method. The reimbursement is free of charge for the Client.

Article 12 - Exclusion of the right of withdrawal

The KAM YUEN Web shop excludes the following products and services from the right of withdrawal:
1. Perishable products or products with a limited durability;
2. Products which for their nature are irreversibly mixed with other products;
3. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
4. Products manufactured in accordance with the Client’s specifications which are not prefabricated and which are produced on the basis of a Client’s individual choice or decision or which are intended for a specific person;
5. Products or services with a price that is subject to fluctuations in the financial market on which the KAM YUEN Web shop has no influence and which may occur within the period of withdrawal;
6. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken.
7. Food.
8. Opened, used and damaged products.

Article 13 – Continuing performance agreements

1. The Client may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.
2. If the duration of a contract is more than one year, the Client may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.

Article 14 – Delivery and execution

1. The KAM YUEN Web shop shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
2. The KAM YUEN Web shop acknowledges electronic communications and will not deny the validity or legal effect of this means of communications.
3. The risk of loss and/or damage to products will be borne by the KAM YUEN Web shop until the time of delivery to the Client or a representative appointed in advance and made known to the Client, unless explicitly agreed otherwise.
4. The place of delivery is at the address given by the Client to the KAM YUEN Web shop. Orders are shipped by a professional carrier. The manner and time of delivery is subject to the opted execution by the carrier. The Client can file a complaint at the responsible carrier for delivery-related issues.
5. With due observance of the stipulations in Article 5 of these General Terms and Conditions, the KAM YUEN Web shop shall execute accepted orders with convenient speed but at least within five days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Client shall be informed about this within five workdays after ordering. In such cases, the Client is entitled to repudiate the contract free of charge.
6. After repudiation in conformity with the preceding paragraph, the KAM YUEN Web shop shall return the payment made by the Client promptly but at least within 30 days after repudiation.

Article 15 – Guarantee

1. An extra guarantee offered by the KAM YUEN Web shop, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Client may exercise against the KAM YUEN Web shop about a failure in the fulfilment of the KAM YUEN Web shop’s obligations if the KAM YUEN Web shop has failed in the fulfilment of his part of the agreement.

Article 16 – Compliance

1. The KAM YUEN Web shop guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the KAM YUEN Web shop also guarantees that the product is suitable for other than normal use.

Article 17 – Complaints procedure

1. Complaints about the performance of the contract shall be submitted fully and clearly described to the KAM YUEN Web shop within 14 days after the date of receipt.
2. The complaints submitted to the KAM YUEN Web shop shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the KAM YUEN Web shop shall respond within 14 days with a notice of receipt and an indication when the Client can expect a more detailed reply.

Article 18 – Special offers

1. Special offers are subject to online supplies. Although executed with utmost accuracy, the display of products, prices etc. are subject to incorrect/outdated information. Consequently, no rights can be derived from incorrect information.
2. The KAM YUEN Web shop have special offers that are not valid in our physical stores. And special offers of our physical stores are not valid in the KAM YUEN Web shop.

Article 19 – Arbitration

In the event of dispute, both parties can present to arbitration court in Brussels.

Last modified on April 28, 2020.

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