Terms and Conditions
In the general terms and conditions provided herein, we should understand the following terms as follows:
« GTS »: means General terms of sale
« Platform »: refers to the website developed by the Ltd. Kick And Rush www.kickandrush.com.
« Vendor »: The Ltd Kick And Rush, whose head oice is located at Rue Saint Sébastien, 8 – 1420 Braine L’Alleud - Belgium, and registered under the enterprise identification number BE0457855935.
«Buyer»: Any natural or legal person who purchase on the Platform
«Products»: the object of one or many sales contract(s).
Current general terms and conditions of sale (hereafter, « GTS ») apply to any order made through the Platform. GTS must also beaccepted by the Buyer before any purchase.
By logging in on the Platform, the Buyer acknowledges having read and accepted, without any reservation and unconditionally, the GTS.
The acquisition of an asset via the website suggests therefore an acceptance by the Buyer without reservation of the current GTS.GTS’s will take precedence over any other general and/or particular terms or conditions not expressly formerly agreed by the Buyer.
The Vendor reserves the right to modify and/or complement at any time these terms and conditions for future orders.
3. Information and contracts
Information about product characteristics, including technical descriptions based on data provided by business partners and supplierswith pictures intended to illustrate products, ofered online, have been carefully selected by the Vendor within the limits of thetechnical facilities available and in accordance with market standards.
The Vendor cannot ensure a full similarity with the product ofered.
Each product’s description needs to be consulted by the Buyer in order to know its essential characteristics.
However, it is possible that non-substantial errors may appear on the website, which the Buyer acknowledges and accepts.
The list and the characteristics of the Products and services are likely to be modified and adapted at any time; this would not engagethe liability of the Vendor.
Vendor’s quotes are understood to be net prices, excluding VAT, from Braine L’Alleud. By the end of the option period, these quotes are likely to be modified without notice, as a result of currency fluctuations, material or economic circumstances.
The quote excludes elements situated upstream in the confection or ennoblement of the article, such as making models, prototypes, flashing, movies or any other graphic or model elements that the Buyer provides to the Vendor, these examples are not exclusive.
A contract is deemed to be made at the time when the order’s confirmation is handed over to the Buyer or, if purchase is made via thewebsite, at the time when the email is sent to the email address specified by the Buyer.
An ofer made out in the name of a specific person is valid during two (2) weeks unless another period is indicated in the ofer. Vendorand Buyer expressly agree that a valid contract is made by the use of electronic communication means.
The Seller will archive confirmation emails, purchase orders and invoices on a reliable and durable support which will serve as a truecopy.
The Seller's computerized registrations will be considered by the parties as proof of communication, orders, payment and transactions transmitted by the Buyer to the Seller.
Payment is required at the time of ordering.
All prices are given in euro (sometimes in international currency, such as Pound Sterling GBP or USD Dollar) and include VAT and any other taxes.
If a legal person or any other legal entity is the Buyer, the price can be given excluding VAT and other taxes. Special offers are only valid while supplies last.
The Buyer must pay the price indicated by the Vendor in the confirmation email in accordance with article 2 of the current GTS.
Notable or manifest errors in the price, such as obvious inaccuracy for instance, can be corrected by the Vendor even after the contractexecution. The delivery fees are clearly communicated to the Buyer. For certain method of payment, more specific conditions about delivery mean and fees may apply. All this is clearly indicated to the Buyer.
Prices appearing on the website should be understood all taxes included (except if the Buyer is a legal person or any other legal entity,B2B) and delivery costs excluded.
Delivery fees are payable by the Buyer and are indicated in the digital shopping bag.
The Vendor reserves the right to modify prices at any time but commits to apply prices indicated on the Website at the time when theBuyer orders.
For online purchase, payments will be made by either PAYPAL or bank transfer or bank card or any other means accepted by the Vendor.
For wire payment, a secured system using SSL protocol (Secure Socket Layer) will be used so that the transmitted information will beencrypted by the software and no third party can have access to it during the transport within the network.
The Platform could also offer other means of secured payments.
If payment is made by bank transfer, the payment will be deemed as done as soon as credited to the Vendor’s account.
If payment is made by electronic payment, the Buyer’s account will only be debited from the amount of products and services sent ordownloaded at the time of the order, plus delivery fees.
At the behest of the Buyer, an invoice will be issued by the Vendor, on which the VAT will appear.
The invoice will either be available in the Buyer’s member account or sent by email. The Vendor might also send the invoice by email, if deemed necessary by the Vendor. If payment has been made in another currency than EURO, the Buyer will pay at the exchange rateapplicable at the time of the order and the payment.
If the payment cannot occur right away because the Buyer chose another mean of payment which does not allow direct payment, the Vendor stipulates the delay on the invoice.
If no stipulation has been made on the invoice, a fourteen (14) days delay applies upon receipt of the invoice.
Invoices are made at request; a request can only be made by a legal person or any other legal entity (B2B). Consumers are expressly excluded so they cannot request invoices.
If the Buyer does not pay within the time limit provided, legal interests begin to accrue and are due without express formal notice.
Claims must be done within seven (7) days from reception of the invoice. The deposit of theclaim does not lead to any suspension of payments.
Any (extra-) legal expenses, of any nature whatsoever, that the Vendor has had to disburse are charged to the Buyer if they result fromdisregard of his obligations (of payment).
In the event of non-payment of the invoice by the due date, it is stipulated that its amount will increase by a flat-rate allowance equal to 15% of the outstanding amount as compensation for the suffered damage, with a minimum of 50 euro and without requiring giving express formal notice.
Furthermore, a monthly 1% interest for delay will be applicable from the due date.
Once the order has been accepted, a « ready for printing - digital version » can be requested by the Buyer. It is free of charge.
The « ready for printing » or final prototype is invoiced in pro-forma, paid before sending, and its impact on the production deadline isspecified directly on the invoice. Slight variation of colour, aspect, positioning can under no circumstances lead to the refusal of theacceptation of an order.
Any order modification or resolution requested by the Buyer can only be taken into consideration if transmitted prior to themanufacturing of the product.
If the Vendor does not accept one or the other, the retainer shall only be refunded in merchandises.
The number of units delivered can vary of approximatively five (5) % compared to the ordered quantity and they will be chargedaccordingly.
The printing of a logo is executed by our care at the Buyer’s request.
The Buyer is presumed to have obtained all the required authorizations regarding this printing. It is not for Kick And Rush to check theexistence of said authorization or copyright.
The tools that the Vendor sets up (movie, logos digitalization, etc.) to execute its clients project remain its property.
However, The Vendor cannot be held liable for their disappearance, destruction in the case of fortuitous events or force majeure.
Any product brought to the Vendor by the Buyer for printing, embroidery or engravery is made under the exclusive responsibility of the Buyer. If an error occurs in the order’s making, no compensation can be demanded by the Buyer.
The Buyer’s order will be processed depending on available stock.
If the ordered product is not available, the Vendor are committed to inform the Buyer of that fact by email within two (2) weeksfollowing the order and to inform you of the time required for the product to be delivered.
Orders are delivered as quickly as possible. The Vendor makes all the necessary efort to meet the delivery deadline.
However, the Vendor cannot be held responsible for any delay in the delivery or for orders lost by the fault of a third person or in theevent of an unforeseeable circumstance or a force majeure.
If an order is not delivered within two weeks (15) after the indicated delay, an inquiry will be initiated at the carrier, what can take several days. Meanwhile, no reimbursement or replacement can be considered. All notifications regarding deliveries undelivered within the agreed upon time frame should be transmitted by email.
Returns are only accepted if the products have kept their original state, which means they must be returned in their original packaging withall accessories and the operating instructions.
Unless indicated otherwise, the longest delivery delay is up to thirty (30) days after the order’s reception, except in the case of bank transfer in which the departure of the delay will be from the payment’s reception. The maximum delivery delay is only availablefor a consumer, so B2C. If the order is made by a legal person or any other legal entity, a delivery delay of several months is applicable. The Vendor cannot be considered in default when the delivery delay is exceeded.
The delivery delay should be regarded as indicative, to the extent these are to be authorized by the Law on trade practices so no right can be derived from it. Deliveries are made to the address given by the Buyer in the contract. As soon as the product has beendelivered to the address of delivery, risks are transferred to the Buyer.
Delivery date should be regarded as indicative.
Warning: The property of merchandises are owned by the Vendor until full payment of the price. He reserves the right to retrievethem until the outstanding balance of the price and accessories are paid.
9. Identity theft and Bank Fraud
To ensure the security of online transactions, the Vendor use recognized operators of online payments.
You can pay by credit card supported by Ogone. For example: Visa Electron, Visa Debit, Visa Delta, Mastercard, American Express, andMaestro. Other will be mentioned clearly and unequivocal.
The payment is done online via a closed secured system, in which you bank data are encrypted when sent by the internet (Secured connexion SSL).
Hence, the risk of lost or stolen data or credit card information is reduced to the minimum. The Vendor keeps you identity and creditcard information for a period of three (3) years in a data base in an encrypted and secured environment.
The Vendor takes all necessary and appropriate precaution as an online trader with a normal and cautious vision. Hence, any identity or financial theft cannot be invoked against the Vendor.
10. Default and filling of claims
The Buyer is required to check closely the product after delivery. Claims from the Buyer about a product’s or a delivery’s obvious default should be notified by writing to the Vendor within five (5) days following the delivery or the date of the invoice if the product arenot delivered to the Buyer.
We recommend you to send your order by registered mail and to subscribe to the carrier’s insurance for the merchandise’s value in orderto be covered in case of lost or theft of products during the transportation. Return delivery fees are always charged to the Buyer.
The Buyer cannot return the product which has not been subjected to motivated claim. If this condition is not filled and merchandisereturned anyway, all the fees related to the return shipping will be charged to the Buyer.
In that case, the Vendor is free to stock the products to third parties for and at the risk to the Buyer and/or send them back to the Buyerat his express or implied request at his own expenses.
11. Right of withdrawal
The law on trade practice and consumer’s protection stipulates that the Buyer has the right, within a fourteenth
(14) open day’s delay, to return the product without any consequences in the sense of penalties or giving reasons, this is defined as the right of withdrawal or of renunciation.
Warning: Almost all of the Vendor’s products are customized or personalized. Products whose seal has been broken are not covered by this provision, nor are custom-made or perishable products. We can think, in this context, of tailor-made clothing, which is fit to the needs or explicit desires of the Purchaser.
According to Article 47, §4, 2 ° these are outside the scope of this right. One can think of diferent types of clothing, accessories, oice equipment and other tailored or customized items. These items cannot be returned.
A return shipment must be sent by Post or another carrier. The return of an order is made at the expense and risk of the Customer, except in the case where the Seller expressly accepts these charges in advance.
The Customer must return the product, within the extended warranty period, to the After-Sales department of the Seller and requesta return document by e-mail. In the case of a valid and legally correct application of the aforementioned right of cancellation, the Seller will refund the amount paid by the Buyer within seven (7) business days through an internationally accepted payment method chosen by the Vendor. No restitution is possible if the right of renunciation is claimed illegally. In this case, and unless there is amotivated reason, the goods will be returned to the Buyer, on behalf of and at the risk of the Buyer.
As requires in the current relevant provisions, products delivered by the Vendor have a legal guarantee. If the product delivered is notin conformity with the contract, the Buyer has to inform the Vendor no more than seven
(7) days after the delivery. The potential compensation resulting cannot exceed the amount billed to the Buyer. The normal or usual wear, volunteered modifications to the product by the Buyer, not producing the original of the invoice or a valid receipt and othernegligence constitute express exception and hence non-exhaustive of a said guarantee scheme.
The guarantee is not applicable in case of a defect due to the provided material by the Buyer. For instance, fuzzy images, divided images,misspelling or grammar in the text, etc.
13. Force majeure
In the event of a force majeure, the Vendor is not required to respect its obligation to the other party. The Vendor may suspend its obligation during the time that last the force majeure. By force majeure, one should understand any circumstances independent of itswill that prevents in full or in part the respect of its obligation to the other party.
14. Intellectual Property
All intellectual properties and derived rights remains property of the Vendor. By the term intellectual property, we should understand copyright, trademark, design or model and/or other rights (of intellectual property) including skills, method and technical concept and/or commercial whether or not to be patented.
The Buyer must not use and/or bring any modifications to the intellectual property rights specified in the current article unless it is the use of the unique product itself.
The Buyer gives non-exclusive rights to the Vendor to create specified products.
The buyer expressly authorizes the Vendor to use logos and photos of its production to allow the promotion of its activity in fair,shows, presentation folder, websites and emails.
15. Personal Data Processing
Terms used in the current article have the meaning which it has at that time under the Regulation (EU) 2016/679 of the EuropeanParliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data andon the free movement of such data (hereunder « GDPR »).
Any personal data collected
Personal data that the Vendor collects about you are those that you communicated through the Platform when you placed the order.
The Vendor only process personal data for their intended purpose. The Vendor does not sell or disclose, in any way, personal data thathe collected about third party.
Time-limits for storing the data
The Vendor stored personal data for the necessary period of time to the purpose that they have been collected and in respect of theexisting legislation, for a maximal period of three (3) years.
You have the right to consult your personal data freely and at all time by sending an email to email@example.com or a mail to Kick And Rush - Rue Saint Sébastien, 8 – 1420 Braine L’Alleud - Belgium.
You also have the right to require that errors in your personal data would be corrected and that inappropriate or useless be deleted by sending an email to firstname.lastname@example.org or by sending us a written request by mail to Kick And Rush - Rue Saint Sébastien, 8 – 1420 Braine L’Alleud - Belgium.
In case you no longer wish your personal data to be handled and you are in legal conditions to request the right to erasure, the Vendorwill then erase your personal data from its database.
You have the right to oppose any use of your personal data for prospecting purposes.
You will be able to assert your right of opposition either through automated processes provided for this purpose in the e-mails addressed to you or, failing that, by sending an e-mail for this purpose to the following address: email@example.com .
Limitation right of processing
Lastly, you have the right to obtain from the Vendor the limitation of the processing of your personal data, in accordance with the applicable legislation on the protection of personal data.
16. Interpretation of the General Conditions
If there are any discrepancies between the different language versions of the General Conditions, the French version will take precedence.
If one or more stipulations of the GTS are held to be invalidated or declared as such under any law, regulation or following a final decision ofa Court of competent jurisdiction, the other stipulations will retain their full force and scope, it being specified that the Parties may, by mutual agreement, agree to replace the invalid provision(s).
The Vendor cannot be held liable for any inconvenience or damage inherent to the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.
18. Governing law and competent Judge
Belgian law is applicable, to the exclusion of any other right, to all the offers and contracts. The applicability of the Vienna Sales Convention is expressly excluded.
All disputes related to or resulting from offers of the Vendor or contract with the Vendor are submitted to the tribunal of Namur.