General Terms and Conditions

General Terms and Conditions
(Hereafter, General Terms and Conditions for Professional B2B Clients will also be included)

Article 1: Seller’s Identity

Karma Karma bvba
Alfons Gossetlaan 40, 1702 Dilbeek
info@karmakarma.be
+32 474 74 16 21
VAT BE 0643.997.252
KVK 0643.997.252
KBC Account IBAN BE05 7390 1207 4275
BIC KREDBEBB
RPR Dutch Chamber of Commerce in Leuven

Article 2: Applicability & Conditions

  1. Our general terms and conditions apply to every offer made by us as an Online Retailer to you as a Consumer (any natural person who acquires or uses marketed products or services exclusively for non-professional purposes).
  2. We only deliver to Belgium, the Netherlands, Luxembourg, France, and Germany. If you provide a delivery address in another country, we may refuse your order.
  3. To place an order, you must be at least 18 years old. If you are under 18, we ask that the order be placed by your parents or legal guardian. If we notice that an order has been placed by a minor, we can refuse this order.
  4. Placing an order on the website constitutes express acceptance of our general sales conditions, which are always available via the website.
  5. When you place an order online, we will also send you a copy of these general terms and conditions with the order confirmation, in a format that you can save or print. We recommend that you always do this.
  6. If, in addition to these general terms and conditions, additional specific conditions apply, the above also applies to those specific conditions. If our general terms and conditions conflict with those specific conditions, you as a consumer can always invoke the most favorable text in your favor.

Article 3: Our Offer and Your Order

  1. If an offer has a limited validity period or is subject to certain conditions, we will explicitly mention this in our offer.
  2. We always describe as completely and accurately as possible what we are selling to you and how the ordering process will proceed. The description is in any case sufficiently detailed to allow you to make a good assessment. If we use images, these are a truthful representation of the offered goods and/or services. However, photos may also be intended for decorative purposes and may contain elements not included in the price. Mistakes are human, and if we have made an obvious mistake, we are not obliged to still deliver to you.
  3. Your order is complete, and the agreement between us is final as soon as we confirm your order by email and as soon as we receive approval for your payment transaction with credit or debit cards from the card issuer. We accept the following payment methods, all processed via Mollie as the payment provider: SOFORT banking, Belfius Direct Net, KBC/CBC Payment Button, PayPal, Bank transfer, Pay now, Klarna, Visa, Mastercard, AMEX. If your card issuer refuses to agree to your payment to us, we cannot be held responsible for delays in delivery and/or non-delivery of your order. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
  4. To purchase a product, add the product to your shopping cart. Then enter your contact details and shipping information. We will then calculate the shipping costs. You can review your Contact and Shipping details again and also enter a discount code or gift voucher code. Then you choose a payment method. Optionally, you can specify a different billing address in addition to the delivery address. In the final step, you will see an overview page again, accept our general terms and conditions, and confirm your payment by pressing the order button labeled “order with payment obligation”. You will then be redirected to the payment page to complete the payment.

Article 4: Right of Withdrawal

The right of withdrawal does not apply as you are ordering sealed goods that are unsuitable for return due to health and hygiene reasons once the seal has been broken.

Article 5: The Price

  1. During the period specified in our offer, our prices will not change, except for price changes due to changes in VAT rates.
  2. Our prices include all taxes, VAT, fees, and services. You will never face surprises. However, we may decide to charge shipping costs on top of the purchase price. In that case, we will always notify you before you finalize your purchase.

Article 6: Payment

  1. We can only accept payments via the payment modules on our website.
  2. To ensure a secure online payment and the safety of your personal data, transaction data is encrypted with SSL technology when sent over the internet. To pay with SSL, you do not need any special software. You can recognize a secure SSL connection by the "lock" in the bottom status bar of your browser.
  3. Our webshop uses Shopify Inc. as an e-commerce platform to sell products and services to you as a Customer. Your data is managed by Shopify's data files and protected by a firewall. For more information, you can always refer to the following files: https://www.shopify.com/legal/terms or for privacy https://www.shopify.com/legal/privacy.

Article 7: Conformity and Warranty

  1. We guarantee that our goods conform to your order and meet the normal expectations you may have considering the product specifications. We also guarantee that our goods comply with all existing laws at the time of your order.

Article 8: Delivery and Execution

  1. All goods and services are delivered to the address you specified in your order.
  2. If an item is in stock, it will be delivered to your delivery address within 1 to 4 working days. If an item is not in webshop stock, it will be delivered to your delivery address within 3 to 6 working days. We will inform you when your order is packed for shipping.
  3. Delivery is made by BPost or, in exceptional cases, by DPD or DHL to the address provided by the customer. From a certain order amount, delivery costs are waived. Below a certain amount, shipping costs are charged.
  4. If we cannot deliver on time, we will always notify you before the scheduled delivery period expires. If we fail to do so, you can cancel your order free of charge. In that case, we will refund you no later than 30 days after cancellation.
  5. Our shipments are always at our risk. You don’t have to worry about goods lost in the mail.
  6. If the goods delivered by us do not correspond to the items listed on the delivery note or do not match the items you ordered, you must report this as soon as possible and certainly within 3 days. We will always look for an appropriate solution and supply missing or damaged products. In the case of incorrectly delivered products, we may ask you to return them using a return label provided by us. In that case, we will also cover the shipping costs.

We cannot be held responsible for any consequential damage due to late delivery or non-delivery by the carrier appointed by the company. Our liability in such cases is limited to the value of the items proven not to have been received by the customer.

  1. By accepting the package, you agree that the order was received in good condition. If your package appears to be damaged, you must refuse the package and have it returned. The buyer understands that we can no longer be held responsible for the condition of the order once the package with the order has been accepted from the transport company or our own delivery services. In case of a problem with the delivery of your order, you should always contact our customer service. We always try to find a good solution for any possible problem with the delivery of your order.
  2. For damage and/or qualitative shortcomings that are not visible at the time of acceptance of the package, you should always contact Karma Karma's customer service via info@karmakarma.be. We always try to find a solution for you.
  3. The risk of loss or damage transfers to the Customer as soon as he (or a third party designated by him, who is not the carrier) has physically taken possession of the goods.

Article 9: Duration

  1. The Consumer may terminate an agreement entered into for an indefinite period at any time, subject to the agreed termination rules and a notice period of no more than one month.
  2. An agreement entered into for a definite period has a maximum term of two years.
  3. If it has been agreed in a goods agreement for a definite period that the Distance Agreement will be extended upon silence of the Consumer, the agreement will be continued as an agreement for an indefinite period, and the notice period after continuation of the agreement will be a maximum of one month.
  4. When a services agreement for a definite period is concluded between the Company and the Consumer, containing a clause for automatic renewal, this clause is placed in bold letters and in a box separate from the text on the front page of the first page.
  5. This clause mentions the consequences of the automatic renewal, including the provision of the following paragraph regarding termination, as well as the deadline by which the Consumer can oppose the automatic renewal of the agreement and how he can give notice of this opposition. After the automatic renewal of a services agreement for a definite period, the Consumer may terminate the agreement at any time without compensation, subject to a maximum notice period of two months.

Article 10: Force Majeure

  1. In the event of force majeure, we are not obliged to fulfill our obligations. In that case, we can either suspend our obligations for the duration of the force majeure or permanently dissolve the agreement.
  2. Force majeure is any circumstance beyond our control that wholly or partially prevents the fulfillment of our obligations. This includes, among other things, strikes, fires, business disruptions, energy failures, disruptions in a (telecommunication) network, or connection or used communication systems and/or the unavailability of our website at any time, non-delivery or late delivery by suppliers or other third parties.

Article 11: Intellectual Property

  1. Our website, logos, texts, photos, names, and, in general, all our communications are protected by intellectual property rights that either belong to us or our suppliers or other rights holders.
  2. It is forbidden to use and/or make changes to the intellectual property rights as described in this article. For example, you may not copy or reproduce drawings, photos, names, texts, logos, color combinations, etc., without our prior and express written consent.

Article 12: Complaints and Disputes

  1. We always hope that all our customers are 100% satisfied. If you have complaints about our services or products, you can contact us via info@karmakarma.be. We will do everything possible to process your complaint within 7 days.
  2. All agreements that we conclude with our Customers, regardless of their place of residence, are exclusively governed by Belgian law, and in case of disputes, only the competent Belgian courts have jurisdiction. If, for reasons of international law, another law applies, the interpretation of the current general terms and conditions will be based primarily on the Belgian Market Practices and Consumer Protection Act.
  3. In the event of out-of-court dispute resolution, the Consumer Ombudsman Service of the FPS Economy is authorized to receive any request for out-of-court settlement of consumer disputes. They will either handle the request themselves or forward it to a qualified entity. You can contact the Consumer Ombudsman Service via this link: https://www.consumentenombudsdienst.be/en.

In case of a cross-border dispute, you can also appeal to the Online Dispute Resolution platform of the European Union via this link: http://ec.europa.eu/odr.

General Terms and Conditions for Professional Customers (B2B)

Unless explicitly indicated otherwise with each order, the customer/buyer expressly agrees with our sales conditions and waives their own conditions. Deviations can only be made by written agreement, with the special mention of deviation from the general sales conditions, and after approval by an authorized person on behalf of Karma Karma bvba.

The products remain our property until we have definitively received the full purchase price. Any offer from Karma Karma bvba is non-binding and in no way commits the seller. Karma Karma bvba is never bound by the signing of an offer or order by the buyer/customer. Any case of force majeure such as civil or foreign war, as well as strike, riots, transport interruptions, scarcity of goods or materials, defects in tools, machines or lack of driving force, atmospheric conditions, accidents, incidents, and such, and in general any cause that leads to total or partial unemployment of our company, suppliers, or customers, gives us the right to suspend our obligations without the customer being able to claim any compensation.

Our products are offered according to the standards of Belgian and European legislation. The indicated delivery times are only an indication and not a binding term. We make every effort to respect the indicated delivery time. A delay in delivery or in a part of it does not give the right to compensation, nor to the termination of the agreement, nor to a return.

All goods travel at the customer's risk. Therefore, Karma Karma bvba accepts no responsibility for (non-limiting enumeration) loss, theft, damage, etc., which may occur during transport for any reason. Insurance for transport is only taken out when the buyer requests it in writing and bears the costs. The seller is entitled to make partial deliveries. These interim deliveries may give rise to an interim invoice to which the full sales conditions remain applicable.

We cannot be held responsible for the use of our products nor for damage that directly or indirectly results from our activities or deliveries, nor for damage suffered by the customer, their staff, their installations, or by third parties, except for what our professional liability insurance would cover. To the extent that our liability would be covered by our insurance, the deductible will remain the responsibility of the customer. We take great care in creating our website, but this does not guarantee that the information is current, correct, and complete. We reserve the right to add, modify, or remove information at any time without prior notice. We cannot be held liable for damage resulting from the direct or indirect use of the site. This website is intended as an information source. It is compiled with the greatest care and to the best of our ability from various reliable sources. The information on this website does not replace consulting a doctor or therapist, their diagnosis, or medical treatment. For medical complaints, it is best to seek the advice of a doctor or therapist. Do not stop taking medication based on the information from this website without the advice of your doctor. Karma Karma bvba and its directors and staff cannot be held liable for any damage resulting from decisions based on information from this website or from one of its employees. Karma Karma bvba can never be held liable for any damage, loss of profit, business interruption, loss of business information, or other monetary and non-monetary loss, directly or indirectly caused by faulty or defective delivery, except for the repair of this delivery, provided compliance with point 5 of these general sales conditions.

In principle, we only send your order after receiving your payment via the webshop platform and after payment via transfer to the account number of Karma Karma KBC BE05.7390.1207.4275. Exceptionally, our customer service may dispatch an order before payment has been made. In this case, in case of non-payment or late payment of the outstanding amount, interest is due as provided by law. Any judicial costs and other costs of any kind that we incur as a result of this late payment will be passed on. All invoices for professional customers are, unless otherwise agreed in writing and approved by an authorized person from Karma Karma bvba, to be paid before delivery. If it is exceptionally agreed to work with invoices with a payment term of 14 days, it is agreed that in case of non-payment of the invoices, automatically and by operation of law, upon expiration of the term without any notice being necessary, delay interest is due, which is determined at the base percentage of our bank's cash credit, increased by 3%, with a minimum of 15%, without waiving our right to immediate payment. In addition, a flat-rate and irreducible compensation equal to 20% of the invoice amount with a minimum of €100 is due. Any judicial interest, court costs, and other costs necessary for the collection of this invoice and compensation are not included and are at the expense of the customer. All obligations are considered to be undertaken and performed in Opwijk.

The sale to which these sales conditions apply is subject to Belgian law. You declare to have read and approved these General Sales Conditions before placing an order via the web platform or signing the order form. Placing your order or using the website thus constitutes acceptance of these General Conditions. In the event of a dispute, only the Flemish Courts of Brussels are competent. Contrary to Article 1583 BW, Karma Karma bvba remains the owner of all delivered goods and services until the day of full payment of the invoice and/or interest and/or flat-rate compensation. The customer/buyer grants the seller the right to collect the delivered material at any time, wherever it may be located. To the extent necessary, the buyer/customer authorizes the seller to enter the premises occupied by the buyer/customer.

VAT is always at the customer's expense.

All intellectual property rights of the products and/or services as well as the designs, documentation, and all other materials that are developed and/or used in relation to the sale between Karma Karma bvba and the customer, or that arise from it, are exclusively held by Karma Karma bvba. The delivery of products and/or services does not entail any transfer of intellectual property rights. The customer only obtains a non-exclusive and non-transferable right to use the products and results of the services for the agreed purposes. The customer will strictly adhere to the conditions set out in the general terms and conditions or otherwise imposed on the customer in such use. The customer will not, without the prior written consent of Karma Karma bvba, disclose, reproduce, or make available the products and results of the services in any way, in whole or in part, to a third party. The customer will not remove or alter any indications of Karma Karma bvba concerning copyrights, trademarks, trade names, or other intellectual property rights.