Terms of use
The e-commerce sites www.essentiel-antwerp.com (the “Sites”) are Sites where KADINE BV, with its registered offices at Arenbergstraat 21, 2000 Antwerp, Belgium, and company registration no. BE 0437.697.256 (referred to hereinafter as “Kadine”), sells clothing and accessories under the “Essentiel” or “Essentiel Antwerp” brand (the “Products”).
Internet users wishing to buy the Products are referred to as the “Customer” in these Terms of Use. Kadine and Customer hereinafter also individually referred to as a “Party” or together as the “Parties”.
The Customers can contact the Customer Service via the contact form available in the ‘Contact’ section of the Sites or via the e-mail address service@essentiel-antwerp.com, if they experience any problems with the Sites or their order.
The contract for sale may be concluded in German, French or English, upon Customer’s preference. The respective contract for sale shall be legally binding in the version of language chosen by the Customer.
ARTICLE 1 — SCOPE OF APPLICATION
The present Terms of Use govern the rights and obligations of the Parties arising out of the online sale and purchase of Products offered on the Sites. Kadine provides all its services from Belgium, and the contract between the Parties will be deemed to be performed in Belgium, dispatching to different countries.
These Terms of Use apply to all Products sold on the Sites, and prevail over any and all other terms and conditions of Kadine or the Customer. They may only be amended in writing.
ARTICLE 2 — CAPACITY IN LAW AND ACCEPTANCE
Anyone wishing to buy the Products from Kadine on the Sites must have the legal capacity or otherwise purchase the Products through their lawful representatives.
The Customer accepts these Terms of Use expressly through the ordering process by clicking on a tick or putting a cross against the words “I accept the Terms of Use”.
The Customer can print these Terms of Use.
ARTICLE 3 — PRODUCTS
The Products offered for sale on the Sites are those that appear on the Sites at the moment at which the Customer visits them and which are indicated as being sold by Kadine.
Products are offered for sale within the limits of available stocks and only for the purchase of customary amount for private use.
Should one or more Products of an order not be available, Kadine will inform the Customer via e-mail or in writing thereof. In such case, the Customer will be promptly reimbursed, in the same means of payment as the Customer used for the original transaction. The promptness of the refund can vary depending on the type of payment chosen by the Customer. In case of a payment by credit card, the refund will appear on the next following monthly statement for that credit card. Should the Customer find the refund is taking an abnormal length of time, she/he shall contact his/her bank.
Kadine will in any case make the refund within 30 days.
All Products offered for sale on the Sites are described in good faith and conscientiously and as accurately as is possible. The photographs on the Sites accompanying the Products are as accurate as possible but cannot ensure a perfect depiction of any given Product. Kadine cannot accept any liability for any minor errors or differences which may appear in the descriptions or photographs of the Products, including slight variations in colours and dimensions.
ARTICLE 4 — PRICES
The applicable prices are the ones shown on the Sites at the moment the Customer places the order.
Prices may vary from one Site to another, in accordance with any local peculiarities of the country/territory each website serves.
Prices stated during the purchasing process are expressed in euros and include VAT and administrative costs.
Product and service prices do not include transport costs which will be charged separately, on top of the purchase price, as specified on the respective Sites. Any discount to which the Customer is entitled will be deducted from the price separately.
Kadine reserves the right to modify the selling prices and transport costs at any time, although the Products purchased and costs will always be invoiced at the prices as stated in the order confirmation e-mail, which are the prices that applied at the time of purchase.
The Customer will receive a confirmation of the order, as well as the corresponding invoice, on an electronic and durable medium.
Products will remain Kadine's property until the respective Customer pays for the Product in full, i.e. until she/he pays the purchase price and all costs in full.
In case of manifest error in the indication on the Sites of the price of any Product that the Customer has ordered, Kadine will inform the Customer thereof as soon as possible and give the Customer the possibility to replace an order at the correct price. In any case Kadine will cancel the initial order and refund the Customer for this order.
ARTICLE 5 — PAYMENT
Purchases can only be paid for online, by Visa, MasterCard, American Express, Carte Bancaire, Bancontact, iDEAL, Giropay, Sofort, Klarna, Apple pay and PayPal, depending on the local Sites/selected country. The Customer's bank account will be debited once the Customer proceeds to the payment, and payment will not take effect until such time as the Customer's bank has given its consent to Kadine. Should the Customer's bank refuse payment, the agreement will not be concluded between the Customer and Kadine. As soon as the Customer’s financial institution accepts the payment, the agreement is concluded between the Customer and Kadine.
The Customer warrants that she/he is authorised to make payments by one of the payment methods stated above. It warrants as well that there are sufficient funds in the respective bank account linked to the credit card to cover all the costs arising out of the transaction.
Kadine reserves the right to refuse to fulfill at any time an order with a Customer with whom it is in dispute or who has brought a dispute in the past, or who has not paid for a previous order, wholly or in part.
ARTICLE 6 — ORDERING
To place an order, the Customer goes to the Product of his/her choice, chooses the color and size he/she wishes to receive and then clicks on ‘Add to shopping bag’. The said Products will be added to its shopping bag.
The Customer may freely modify the order as long as the Products are in the shopping bag. The price of the Products will be automatically displayed in the shopping bag.
Once the Customer has finished making its selection and wishes to validate the content of its shopping bag and confirm its order, the Customer must identify itself. Existing Customers identify themselves by logging in, new Customers must fill in the necessary fields to create a Customer account.
The Customer must also select a delivery and payment method and will enter its billing and delivery address.
Before proceeding to payment, and placing the order, the Customer must accept both the Privacy Policy and Terms of Use, by ticking the checkbox provided.
Then the total amount of the order to be paid, plus the transportation costs, will be clearly stated.
The Customer will be redirected to a trusted payment provider Adyen, which will securely process the payment.
Once the payment process is completed, the Customer will see an order confirmation page and will receive, in parallel, a confirmation email sent to the provided email address. All contractual details of the order will be communicated to the Customer in the language the Customer selected and confirmed their order in.
At that point, the order can no longer be modified by the Customer.
The Customer can choose to print the order confirmation page. Nevertheless, the Customer will also receive an order confirmation by e-mail.
The Customer will receive an e-mail from our logistic partner when his/her order is dispatched.
Data registered in Kadine's IT systems, those of its hosting partners or Internet payment partners shall constitute evidence of the communications, the content of the orders and the entire transactions which have taken place between the Parties.
ARTICLE 7 — DELIVERY
The Products will be delivered to the delivery address as stated by the Customer during the ordering process and following the procedures of the local logistic partner.
The delivery times stated on the website and found in the shipping information must be regarded as a commitment of means and cannot be invoked against Kadine.
The Products ordered by the Customer can only be delivered to addresses within the designated Territory, indicated on the website.
For delivery times and details on the selected country, the Customer can consult the shipping information here.
Should the Customer nevertheless, in any way, organize a delivery outside of this designated Territory, on their own initiative, they do so entirely at their own risk and expense, and Kadine can therefore in no way be held responsible for the delivery, return process or refund thereof, nor can it guarantee any customer service.
Kadine reserves the right to split orders into one or more deliveries as Products are available. Each delivery will be notified by e-mail. Deliveries will be accompanied by a delivery note which also gives details of the Products delivered. The Costumer will not bear any additional shipping costs if Kadine decides to split an order into several deliveries.
Should a delivery go missing during the delivery process, and the provisions of this article are complied with, Kadine will send a new shipment entirely at its expense if the Product is still available or refund the value of the order including transport costs.
The risks of loss and/or damage pass to the Customer on delivery to the delivery address mentioned during the ordering process or any other delivery preferences specified by the Customer.
ARTICLE 8 — RIGHT OF REVOCATION
Within the first fourteen (14) days from the receipt of the Products ordered, the Customer has a statutory right of revocation, if applicable, without the need to provide a reason for return (8.1).
In addition, if the Customer is not satisfied with its ordered Product, the Customer may return it within 30 days from the day of receipt of the Product(s), following the procedure set out below (8.2).
8.1 — RIGHT OF REVOCATION
If the Customer is a consumer within the meaning of Section 13 German Civil Code (Bürgerliches Gesetzbuch), s/he shall be entitled to a right of revocation in accordance with the statutory provisions, of which Kadine provides more detailed information below. Consumer in this sense (and in the sense of this Terms of use) is any natural person who buys the Products for a purpose which can predominantly not be attributed to her/his commercial or self-employed professional activity.
RIGHT OF REVOCATION
You have the right to revoke this contract within fourteen days without giving any reasons. The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier of the order have taken possession of the last goods of the respective order.
In order to exercise your right of revocation, you must inform us (Address: KADINE BV Arenbergstraat 21, 2000 Antwerpen, Belgium, e-mail: service@essentiel-antwerp.com) of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached model revocation form, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
The Customer will return the item by filling in the return document included with the Products and sending the Products back to the address indicated on the included return label. The Customer will keep proof of postage until the Products have reached Kadine.
CONSEQUENCES OF THE REVOCATION
If you revoke this agreement, we will refund to you all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a different method of delivery than the cheapest standard delivery offered by us), promptly and no later than fourteen days from the date on which we received notice of your revocation of this Agreement.
For this refund we will use the same means of payment as you used for the original transaction unless expressly agreed otherwise with you and in no event will you be charged for this refund. We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You shall return or deliver the goods to us immediately and in any event no later than fourteen days after the day on which you notify us of the revocation of this Agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
8.2 — RIGHT OF RETURN
Between the fifteenth (15th) and the thirtieth (30th) day from the receipt of the Products ordered, the Customer can still return the Products to Kadine, with indication of the reason of return. For the avoidance of doubt, this return right shall not limit the revocation right or any warranty claims under applicable law.
The Customer will inform Kadine of its decision to return the Products by sending an email to service@essentiel-antwerp.com.
The Customer shall return the Product to Kadine without undue delay but at the latest fourteen (14) days after s/he gave notice to Kadine to return the product.
The Customer must return the Products in a new and unused condition, with all the original labels on and upon her/his costs. Kadine will provide a pre-paid return label, and the return will consequently be free of charge. In both cases, the Customer shall use the provided return label, so that the tracking of the parcel can be ensured. If the provided label is not used, the Customer will bear the responsibility for any damage or loss) until it reaches Kadine.
In case the aforementioned conditions are fulfilled and Kadine has received the Products, Kadine will refund the Customer the full purchase price.
The full purchase price will be refunded within 14 calendar days of Kadine receiving the returned Products in good time, provided all conditions as specified above have been strictly complied with. Under no circumstances can the amount repaid ever exceed what the Customer actually paid.
For this refund Kadine will use the same means of payment as the Customer used for the original transaction unless expressly agreed otherwise and in no event will the Customer be charged for this refund less the sales vouchers or discounts used to pay for the order. The Customer will be refunded in accordance with the procedures agreed with the bank which issued the card.
The Customer shall be liable for any loss in value of the Products if such loss in value is due to having used the Products to an extent more than necessary to establish the nature, characteristics and the functioning of the Products.
Returns can only be accepted in the way described above, and returns to our physical stores will not be accepted. According to the provided return label, returns must be sent to the address below:
Essentiel Antwerp c/o
Bleckmann Logistics
Grete-Schickedanz-Str. 504
44803 Bochum
Deutschland
It is not possible to exchange Products. If the Customer wishes to have another Product instead of the initial order, the Customer can invoke the return right as described above and subsequently place a new order for the desired Product.
ARTICLE 9 — GIFT CARDS
Gift cards are sold both online on the Sites and in the Essentiel Antwerp physical stores.
Gift cards by e-mail are only sold on the Sites and delivered in an electronic form, to the specified email address. The Customer can also buy a physical gift card that will be sent by post to the designated address.
The following additional terms and conditions apply to gift cards:
- — Gift cards can be redeemed in any Essentiel Antwerp store within the European Union and in the online stores;
- — Gift cards remain valid for 3 years;
- — Gift cards can be redeemed in part or in its entirety.
- — The Customer can freely determine the value of the gift card it will be buying, as long as the amount is between €20 and €5000;
Without prejudice to the Customer’s right of revocation mentioned under article 8, gift cards as well as the Product purchased through a gift card may not be exchanged for cash or any other payment, not even partially.
The code on the gift card can be used in the online order process on the Sites. After reviewing and confirming the order, the Customer shall enter the code stated on the gift card. Depending on when the gift card was issued, the date of issue (DDMMYY) or the pin code, stated on the gift card or in the gift card e-mail, should be filled in during the check-out process. Value amounts used for purchases are deducted from the gift card balance.
If the total order is less than the value of the gift card, the Customer will receive a new gift card with the remaining balance.
If the total order exceeds the value of the gift card, the outstanding amount will remain available on the gift card.
Gift cards by e-mail will be e-mailed to the recipient after processing the order once the payment has been confirmed. Kadine is not liable for the delivery of a gift card by e-mail to a non-existent or wrong e-mail address. It is the sole responsibility of the Customer that the input of information (such as the e-mail address of the recipient) is correct and double-checked.
Kadine is not responsible if a gift card is stolen, resold, destroyed, lost or used without the Customer’s permission.
ARTICLE 10 — STATUTORY WARRANTY
In case of faulty or non-conforming goods, the Customer can contact Customer Service via the contact form which can be found under the ‘Contact’ option, or via the e-mail address service@essentiel-antwerp.com.
The Customer shall be entitled to the statutory warranty rights, unless otherwise regulated below.
Kadine shall provide warranty for defects of the Products at the Customer's choice either by eliminating the defect or delivering Products free of defects (so-called supplementary performance). Before asserting other warranty claims, Kadine shall be given reasonable opportunity and time to perform such supplementary performance. Kadine can refuse the type of supplementary performance chosen by the Customer if it is only possible with disproportionate costs.
If the supplementary performance fails, the Customer can reduce the price according to statutory provisions or withdraw from the contract according to her/his choice.
The right to withdrawal (Rücktritt) is excluded if the delivered Products deviate only insignificantly from the agreed quality or if the contractual or normal use of the Products is only insignificantly impaired.
ARTICLE 11 — SALES FOR PRIVATE PURPOSES
Providing the rights under article 10 and customer support is important to Kadine.
Therefore, all acts that may negatively affect Customer service are forbidden, including i.e. relabeling the Products, exporting them outside the European Union for commercial purposes.
The sale of Products is for private purposes only, and exclusively reserved to private individuals.
In no case may the Sites be used by professional Customers, meaning an entrepreneur according to Section 14 German Civil Code (Bürgerliche Gesetzbuch) regardless of the method of the marketing of the Products. The Products are offered for sale only for the purchase of usual amounts placed by average customers.
Kadine reserves the right to suspend or even refuse to fulfill an order with a Customer if there is a prima facie indication that the order is placed by a professional Customer. The costs incurred by Kadine for the verification of compliance with the prohibition of export for commercial purposes outside of the European Union will be borne by the Customer in case of infringement.
ARTICLE 12 — INTELLECTUAL PROPERTY RIGHTS
For the purpose of this provision, “Intellectual Property Rights” means the brand, and all rights in and to copyrights, trademarks, designs, know-how and registered domain names, including, but not limited to the domain name “essentiel” or “essentielantwerp” or any translation and/or representation thereof or any related words, as well as all texts published on the Sites and databases containing data published on the Sites, the layout, look and feel, and graphic design of the Sites, the sales catalogue, photos, images, videos and music on the Sites which are subject to protection under copyrights, database rights, trademark rights, patent rights or any other form of intellectual property right.
The Customer is aware of the existence of these Intellectual Property Rights and commits to respect at all times such Intellectual Property Rights.
Kadine is and remains at all times the exclusive owner of such Intellectual Property Rights.
The Customer may therefore not copy, publish, imitate, exploit or use Kadine’s Intellectual Property Rights in any other way or in any form whatsoever without Kadine's prior written consent. Such consent must be obtained in writing, unless Kadine has granted a right to share certain aspects of the Intellectual Property Rights via social networks. In such case the grant of rights is limited to the specific elements of the Intellectual Property Rights identified by Kadine, to ways of use and social networks for which Kadine has made it possible to share them; in any case such grant of right is unexclusive only.
ARTICLE 13 — LIABILITY
Kadine shall be liable to the Customer for the breach of essential contractual obligations - these are obligations the breach of which endangers the achievement of the purpose of the contract or the fulfilment or which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely - (so-called cardinal obligations). Insofar as the breach of the cardinal obligations was only slightly negligent and did not lead to an injury to life, body or health of the Customer, liability shall be limited in amount to the typical foreseeable damage.
Kadine shall also be liable to the Customer (i) in accordance with the provisions of the Product Liability Act, (ii) in cases of intent and gross negligence, (iii) for injury to life, body or health, (iv) if Kadine assumes a guarantee and (v) in all other cases of mandatory statutory liability, in each case in accordance with the statutory provisions.
Otherwise, claims for damages against Kadine - for whatever legal reason, in particular due to the breach of duties arising from the contractual obligation by Kadine, its legal representatives, employees or vicarious agents or from unlawful acts - are excluded.
Insofar as the liability of Kadine is limited or excluded according to the above provisions, this shall also apply to the personal liability of the legal representatives, employees and vicarious agents of Kadine.
A change in the burden of proof to the disadvantage of the Customer is not associated with the above provisions.
ARTICLE 14 — GOVERNING LAW AND JURISDICTION
Should any disputes arise between the Parties concerning the purchase of Products under these Terms of Use, the courts of Berlin, Germany will have exclusive jurisdiction to hear the case.
These Terms of Use and any claim or dispute related thereto are exclusively governed by German law.
ARTICLE 15 — CONTACT AND COMPLAINTS
Should they have any queries or complaints concerning their purchases, Customers can contact Kadine by filling out the contact form available in the ‘Contact’ section of the Sites. Alternatively, the Customer can reach Customer Service directly at “service@essentiel-antwerp.com”. Kadine will revise the queries or complaints on working days from 9 a.m. to 5 p.m. and will make every effort to answer all questions within 24 hours.
ARTICLE 16 — MISCELLANEOUS
Kadine may vary the present Terms of Use at any time, including to comply with its statutory obligations. Changes notified via the Website will apply to all subsequent offers and orders.
Kadine reserves the right to vary the design and content of its website at any time.
If Customers wish to have their account deleted, they can request so by contacting Customer Service at service@essentiel-antwerp.com, according to the Privacy Policy.
Customers can also find out more about Kadine's privacy policy here.
If one or more article(s) or paragraph(s) of the present Terms of Use are or become invalid or unenforceable in whole or in part this shall not affect the validity and enforceability of the remaining provisions.
