ART. 1 - ACCEPTANCE
Indicated prices include standard packaging. No minimum order, except for respect of packaging requirement. Orders sent directly or handwritten are only valid after our confirmation. Without written and formal agreement from KANA, no special conditions can prevail over these terms of sale. Any contrary condition set by the customer will be imposed on the vendor. The fact of ordering implies full adhesion without limitation to our terms and conditions of sale, excluding all other documents, already issued or to be issued, which can be in any case, only indicative. Notwithstanding any contrary clause inserted in commercial letters and documents by the purchaser, any dispute will be the exclusive jurisdiction of the court of Brussels, even in case of multiple defenders, warranty appeal or for connection. The fact that KANA does not take advantage at a precise time from any one of these terms of general sales conditions, whatever the time and the importance, cannot be interpreted as a waiver to make use, at any time in future and without notice, of any of these conditions.
ART. 2 - ENGAGEMENT
Orders sent directly or received by KANA are not valid until receipt of the “order confirmation” issued by the KANA administration. All orders not having been the subject of objection within 2 days after sending this document will be final orders and cannot therefore be cancelled or changed. The risk of rushed transmitted orders, not taking care of cancellation time allowed by the law in the interest of the consumer, will be assumed by the buyer only.
ART. 3 - DELIVERY TIME
12 weeks EX-Works + 1 to 2 weeks for transport = 12 to 16 weeks delivery time. In case of an earlier delivery request, contact KANA to check, according to planning and materials availability and transport constraints. Confirmed delivery time is not binding. Occasional delays caused by the stop of means of transport, partial or total loss, problems of supply, of manufacturing …, will in no case justify a refusal of delivery or non-payment of KANA invoices at maturity. On the other hand, none of these causes will lead to damages or interests.
ART. 4 - TRANSPORT
The transport of the goods is carried out directly from the factory as part of collective deliveries without appointment or specific information. The goods are delivered free of charge to any metropolitan area in BELGIUM to the customer’s warehouse or shop – subject to access of the vehicle – for orders exceeding 3 000 EUR. For any lower amount, a lump sum payment of 150 € will be invoiced as participation in transport costs. The goods are delivered with transport charges to all countries in Europe and abroad Europe to the customer’s warehouse or to a transport company. Transport charges will be communicated and added on the invoice.
The goods are believed to be checked and accepted inside the KANA factory. According to the general rule, they always travel to risk of addressee whatever the mode of transport, even if free of charge. The KANA responsibility stops to be considered from the moment the goods leave KANA premises; the customer must check immediately the number and the conditions of packages, before accepting the goods (only checking the perfect exterior appearance of the packaging is insufficient and cannot guarantee the good condition of the goods inside the packaging). When the customer signs the carrier’s delivery note, he acknowledges having received the goods in good condition. It therefore relieves the carrier of all liability. In the event of damage / missing, the customer must make written reserves on the carrier’s delivery document. The customer must confirm the reserves to the carrier within 3 working days by registered letter with acknowledgment of receipt (emails have no legal value). Reserves must be: WRITTEN: and above all precise, on the recipient and carrier copy / The 2 copies must be identical, dated, stamped, and signed by the recipient. SIGNIFICANT: they must clearly show the nature of the goods and the extent of the damage. COMPLETE: only the damages mentioned in the reserves are considered as existing at the time of delivery. A copy of this letter will be sent to KANA consequently; any liability for delay, loss, damage for which the carrier is solely responsible will not be recorded to the seller. As a reminder, the words “subject to unpacking” have no legal value. Restoring of articles, deteriorated during transport, will be made after the written agreement from carrier for the execution and the settlement of incurred expenses.
ART. 5 - COMPLAINTS
Where KANA responsibility is directly involved (manufacturing defect, non-conformity of requested article), this is expressly limited to the return or replacement of the goods in question and this at KANA choice; in no case this will lead to damages for KANA part. The goods must be returned perfectly packed in their original packaging or similar. In the absence of such a packaging, they will be refused. Claim shall be made by registered letter with acknowledgement of receipt within 8 days after goods receipt, maximum. Buyer must provide all evidence as to the reality of noted defects (written description, digital or paper photos, etc.). Buyer agrees to ease KANA to check vices (expertise or other) or find a solution (goods collection, etc.). Lack of written notification of claim within 8 days constitute acceptance of such products without limitation; they won’t be collected. Claims cannot produce any effect on the obligation to pay the price.
ART. 6 - RETURN OF GOODS
No returns can be made without prior written permission of the seller. Lack of written confirmation on time as indicated above is an unreserved acceptance of products that, in no case shall be taken back. Any goods returned without permission of the seller would be held at disposal of the buyer, and in this case no credit note would be established. The goods must be returned perfectly packed in its original packaging or similar. In the absence of such packaging, they will be refused.
ART. 7 - REASSORTMENT AND EVOLUTION OF COLLECTIONS
All KANA models can be discontinued or modified without notice. Sizes indicated in the documents are given for information only; tolerances in manufacturing are to be expected. Exposed products or provided samples may not be considered as a precise reference of color or a specific aspect as KANA only uses organic materials and handcraft production procedures. The material used makes it technically impossible to assure a loyalty to samples and color consistency from one delivery to another. No precise restocking is therefore guaranteed. In case of additional or restocking orders to previously delivered furniture, the customer should contact KANA to be able to do what needed (collect the necessary information about possibility of restocking, or possible sample submitting). Customers should send to the production site, at their own expenses, a sample or anything considered necessary by the seller, collected on the first delivery, so they can be informed about feasibility.
ART. 8 - PAYMENT
All the goods must be paid to KANA – Brussels, according to the terms indicated in the confirmation of order. If the buyer fails to make any payment on the due date, KANA shall be entitled to cancel any other contract or suspend any further deliveries to the buyer.
ART. 9 - PROPERTY
The property in the goods shall not pass to the buyer until KANA has received in cash or cleared funds payment in full of the price of the goods agreed to be sold to the buyer for which payment is then due.
ART. 10 - FINANCIAL CAUTION
KANA will reserve the right to discontinue the supply of goods for non-performance of obligations assumed by the buyer.