Terms and Conditions
General terms and conditions of sale
Prior
In our general terms and conditions:
- Seller: Made by Lady Kat
- Buyer: the buyer/trader and the buyer/consumer
- Buyer/trader: the natural or legal person who purchases for professional purposes
- Buyer/consumer: the natural person who purchases exclusively for non-professional purposes
Article 1. General terms and conditions
All offers, orders, contracts and sales made by Made by Lady Kat are exclusively governed by these conditions. Made by Lady Kat is in no way bound by any deviating sales or delivery conditions of the buyer.
By using the Made by Lady Kat website and/or placing an order, the buyer accepts these general terms and conditions as well as all other rights and obligations as stated on the website.
Article 2. Identity
All products are offered by:
Made by Lady Kat
Koning Albertlaan 204, 9080 Lochristi
info@madebyladykat.be
Company number 1004 485 973
VAT number BE1004 485 973
Article 3. Truthful information
The buyer expressly declares that the information provided by him is truthful and acknowledges that no agreement will be concluded if false or misleading information is provided.
Article 4. Orders
Please note: Minors (under 18 years of age) are not allowed to place an order unless they have permission from their parents or guardian.
The information as displayed on the website and/or webshop should be interpreted as an invitation to enter into negotiations.
All goods that the buyer wishes to purchase are stored in a virtual shopping cart. When the buyer has finished shopping and wishes to place his order, this must be done by following the procedure stated on the website.
The buyer must enter his contact details and billing details and press “confirm order” to definitively place the order. An order confirmation will then be sent by e-mail to the e-mail address provided by the buyer. This in no way means that your order has been accepted by Made by Lady Kat. All orders must be accepted by Made by Lady Kat and this will be done by sending a “shipping confirmation” to the buyer by email. The agreement is only concluded when a “confirmation for shipment” has been sent to the buyer.
The agreement therefore only relates to the goods stated in the “confirmation before shipment”. Made by Lady Kat is in no way obliged to deliver goods that were ordered by the buyer but do not appear on the “shipment confirmation”.
The Customer and Made by Lady Kat expressly agree that a valid agreement can be concluded by using electronic forms of communication. In particular, the absence of a normal signature does not detract from the binding force of the agreement.
The agreement can be concluded in the language of the website in which you purchase.
The electronic files of Made by Lady Kat hereby serve as presumption of evidence, to the extent permitted by law.
All offers are made on the condition that the goods are in stock. If certain goods are not in stock, Made by Lady Kat reserves the right to inform the buyer about similar and in-stock products.
Article 5. Prices
All prices are in euros.
The prices of the products are stated on the website subject to obvious errors. Made by Lady Kat ensures that all prices stated on the website are correct without any obligation to achieve results. If Made by Lady Kat discovers an error in the stated price of a product that is already the subject of an order placed by the buyer, Made by Lady Kat will inform the buyer of this and the buyer has the choice to confirm the order or to cancel. If the buyer does not respond within 14 days, Made by Lady Kat will regard this as a cancellation of the order.
The buyer owes the price that Made by Lady Kat communicated in its confirmation in accordance with Article 4 of these conditions. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by Made by Lady Kat after the conclusion of the agreement.
The prices stated on the website include VAT and exclude delivery costs, but these are clearly communicated to the buyer. The decisions taken by Made by Lady Kat regarding the applicable VAT rate and the question of whether VAT will be charged are binding for the customer.
Any other additional costs will always be communicated to the consumer/buyer in advance.
Article 6. Payment methods
Certain payment methods are subject to further conditions regarding the delivery method and any costs. This will be clearly communicated to the buyer before finally placing the order.
When ordering via the website, payment can be made in the following ways:
Free:
- BanContact
- IDeal
- Transfer
To ensure secure online payment and the safety of personal data, transaction data is sent over the internet encrypted with SSL technology.
If the payment cannot be processed immediately because a financial payment method is chosen that cannot implement such immediate payment, Made by Lady Kat will only proceed with delivery after payment has been received.
If a credit card payment method is chosen, the terms and conditions of the relevant card issuer apply.
Article 7. Invoicing and payment
After Made by Lady Kat has received payment, an invoice will be drawn up based on the sent "confirmation before shipment", unless expressly agreed otherwise in writing.
All invoices are payable at www.madebyladykat or at any other place indicated by Made by Lady Kat. Made by Lady Kat does not allow cash discounts.
Payments are made in cash, after issuing the invoice and, if the invoice is sent, within 14 days after the invoice date.
If payment is not made on the due date, the invoices automatically bear an annual interest of 12% without notice of default. If the customer fails to pay an overdue invoice within eight days following a formal notice of default, a fixed compensation equal to 15% of the invoice amount, with a minimum of €40.
In the event of late payment of an invoice, all outstanding invoices will automatically expire, regardless of any permitted payment terms. All possible price discounts and reductions also expire.
Article 8. Delivery
Orders are delivered as quickly as possible. When knitting to order, the delivery time will be stated on the quotation. We aim to ship products purchased in our webshop within 3 days. However, unless expressly stated otherwise, the deadline for delivery 30 days after receipt of the “confirmation before shipment”, with the exception of payment by bank transfer, where the final delivery period is 30 days after receipt of payment. For the buyer/trader, the delivery time stated by Made by Lady Kat is only an indication so that no rights can be derived from it.
If the buyer orders a product that is temporarily out of stock, it will be indicated when the product is available again. Made by Lady Kat will report delays to the buyer as soon as possible by telephone or email.
Deliveries take place at the address specified by the buyer during the conclusion of the agreement.
The risk of loss passes to the buyer upon delivery of the goods.
The buyer is obliged to take delivery of the purchased item within the agreed period. Failing this, Made by Lady Kat is entitled to demand payment of the purchase price of the portion not purchased, or to consider the agreement dissolved without legal intervention.
At the request of the buyer, the transport of the ordered goods will be done by Made by Lady Kat. The additional costs will be clearly communicated to the buyer before finally placing the order.
Article 9. Protest
Except for the right of withdrawal provided for the buyer/consumer, the buyer is not permitted to return products without written permission from Made by Lady Kat.
Unless protested in writing in the manner specified below, all deliveries of the goods are deemed to have been accepted by the customer upon delivery without any reservations.
With regard to the buyer/trader, any dispute regarding visible defects must be formulated immediately upon delivery of the goods or works. In connection with hidden defects, the buyer/trader must protest within eight days of discovery. All protests and/or disputes must be notified to Made by Lady Kat by registered letter.
The buyer/consumer must report all complaints, if the defects are visible, to Made by Lady Kat within two months after delivery or installation by registered letter, under penalty of forfeiture.
If the defects were hidden, the buyer/consumer must report this to Made by Lady Kat by registered letter within two months from the day on which the defect was discovered, under penalty of forfeiture.
The buyer must enable Made by Lady Kat, under penalty of forfeiture, to conduct a proper investigation, which means that the goods are returned to Made by Lady Kat in an undamaged condition and in the original packaging.
If investigation shows that the “good” is defective, the buyer/consumer prefers free repair or replacement. If this proves not to be possible, the buyer/consumer has the right to request an appropriate price reduction or the termination of the agreement, without this giving rise to the right to additional compensation.
All products that are made to measure or made to order, at the request of the buyer and accepted after a quotation. Therefore, the right of withdrawal does not apply. The sale is final after successful payment.
Article 10. Warranty
The guarantees are those granted to Made by Lady Kat by the workshops, manufacturers, factories of the goods they sell.
The legal warranty of 2 years applies to the buyer/consumer. This warranty only covers a lack of conformity that already existed at the time of delivery of the goods. During these 2 years, Made by Lady Kat undertakes to replace or repair the defective item or part free of charge. Made by Lady Kat reserves the right to exchange the item if the repair costs are disproportionate or if repair is impossible. Defects that manifest themselves after a period of 6 months after delivery are not considered to be present at the time of delivery, unless the customer proves otherwise.
To invoke the warranty, the buyer must be able to present proof of purchase, receipt or invoice. The warranty is not transferable. Any defect must be reported within 2 months of discovery, within the warranty period. Afterwards, any right to replacement expires.
The buyer must contact Made by Lady Kat in advance to make practical arrangements.
The warranty never applies to defects that arise as a result of accidents, worsening of the condition due to negligence, falls, use of the item contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, adjustments or changes to the device, heavy-handed use, incorrect assembly, poor maintenance, incorrect treatment, abnormal, commercial or incorrect use.
Nor does the warranty apply if changes have been made to the delivered goods by the buyer, user or third parties without written permission from Made by Lady Kat.
Article 11. Right of withdrawal
The buyer/consumer has the right to inform the seller that he renounces the purchase, without payment of a fine and without giving a reason, within 14 calendar days from the day following the delivery of the item. To this end, he can use the withdrawal form that you can find here .
This period allows the buyer to assess the purchased item as in a store.
The buyer can view and inspect the purchased item. During this period, the buyer must handle the purchased goods with due care. The buyer is liable for any reduction in value of the goods resulting from handling the goods that goes beyond what was necessary to determine the nature, characteristics and functioning of the goods.
If the item is no longer salable, this will be charged in full.
Without delay and in any case within 14 days after the day on which the buyer communicates his decision to withdraw from the agreement to Made by Lady Kat, the consumer shall return the goods or hand them over to Made by Lady Kat or to a person designated by Made by Lady Kat is authorized to receive the goods, unless Made by Lady Kat has offered to collect the goods itself.
The consumer bears the costs of returning the goods.
If Made by Lady Kat receives the items in unused condition and in their original packaging with all accessories, the buyer will receive a refund within 30 days after the goods have been received by Made by Lady Kat.
The consumer cannot exercise the right of withdrawal for the delivery of goods manufactured according to the consumer's specifications, or that are clearly intended for a specific person.
Article 12. Force majeure
Made by Lady Kat' is released from all its obligations in the event of force majeure. Force majeure is conventionally regarded as any factual and/or legal situation, whatever the cause, which results in an increase in the cost price associated with the execution of the obligation by more than 30% for Made by Lady Kat.
Article 13. Ownership
Ownership of a product, notwithstanding actual delivery, will only be transferred to the buyer after he has fully paid the payment due for this product, including reimbursement of interest and costs.
The aforementioned goods must be returned to Made by Lady Kat upon first request. In the absence of return, Made by Lady Kat has the right, and is expressly authorized by the customer, to retrieve the goods, if necessary by entering the customer's premises where the goods are located.
The buyer may not tax, sell, resell, alienate, process or in any other way encumber the products before ownership has been transferred.
Article 14. Responsibility of the seller
Made by Lady Kat is never liable for damage resulting from disruption to business activities, personal injury, depreciation or loss of goods and/or data, or any other damage that is the direct or indirect result of goods delivered by Made by Lady Kat, or delay or failure to deliver, which may be caused by the customer and/or third parties. If this liability is established for whatever reason, it is in any case limited to 30% of the value of the ordered works.
In all cases, the seller's responsibility is always limited to his choice:
- Either to a reduction of the price in proportion to the quantity of defective goods.
- Either to the simple reimbursement of the unit price agreed upon by the parties.
- Either to the simple replacement of the defective goods, whereby the replaced goods become the property of Made by Lady Kat again.
All this without Made by Lady Kat being obliged to pay any further compensation.
Article 15. Contents
Made by Lady Kat does not guarantee, nor can it accept any responsibility for this, that the colour, shape and/or model of the delivered goods are completely identical to the models depicted on the website. Due to technical limitations, certain aspects may differ.
Article 16. Questions or complaints
All questions, complaints or comments can be sent to our customer service via info@madebyladykat. Made by Lady Kat makes every effort to handle your complaint as soon as possible after receipt.
Article 17. Copyright
The contents of this website and other Made by Lady Kat publications are owned or licensed by Made by Lady Kat or used with the permission of the owner.
Reproduction is strictly prohibited unless express written permission.
Article 18. Privacy
Made by Lady Kat complies with the Belgian law of December 8, 1992 regarding the protection of private life in the processing of personal data.
The personal data provided by the customer will only be used for the following purposes:
Correctly process and handle orders.
Informing the customer about promos, promotions, discounts, offers and activities of Made by Lady Kat.
The customer has a legal right to inspect and possibly correct his/her personal data. Provided proof of identity (copy of identity card), the customer can obtain written notification of his/her personal data free of charge via a written, dated and signed request to Made by Lady Kat. If necessary, the customer can also ask to correct data that is incorrect, incomplete or not pertinent.
Made by Lady Kat treats the customer's data as confidential information and will not pass it on, rent or sell it to third parties.
The customer is responsible for keeping his/her login details and the use of his password confidential. The customer's password is stored encrypted, so Made by Lady Kat has no access to the customer's password.
Made by Lady Kat reserves the right to keep online (anonymous) visitor statistics in order to determine which pages of the website are visited and to what extent.
Click here for more information about our privacy policy.
Article 19. Use of cookies
By using our website, the customer agrees to our use of cookies.
Cookies are small files that are temporarily stored on your hard drive via the website. These small files facilitate navigation and contribute greatly to the user-friendliness of the website.
If you wish to be notified by the browser when a cookie is being sent, you can adjust your browser settings. If you do not wish to receive cookies, you can select “do not accept cookies” in your browser settings. You will then no longer receive cookies. However, this can lead to loss of functionality and user-friendliness of the website.
Article 20. Changes to the conditions
These conditions may be supplemented by other conditions.
Made by Lady Kat reserves the right to change these conditions without further notice. Any purchase after the change constitutes acceptance by the customer of these new conditions.
Article 21. Affect of validity - non-renunciation
If any provision of these terms and conditions is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Made by Lady Kat to enforce any of the rights listed in these terms and conditions, or to exercise any right thereof, will never be seen as a waiver of such provision and will never affect the validity of these affect rights.
Article 22. Evidence
The customer accepts that electronic communications and backups can be used as evidence in legal proceedings.
Article 22. Disputes
In the event of a dispute regarding the execution and/or interpretation of the agreement concluded between the parties, the courts in Ghent have exclusive jurisdiction. If the dispute falls to the Justice of the Peace under the provision of the Judicial Code, the Justice of the Peace of the Ghent district will have exclusive jurisdiction. Belgian law will always apply.
