Terms and conditions of use
Article 1 - SCOPE
These General Terms and Conditions only outline the framework for the commercial relationships that may arise between a member and the company Xpandity.com. They take precedence over any other general or a specific condition.
Article 2 - ACCEPTANCE
The use of the website kl6.be or the placement of an order with the company Xpandity.com BV/SRL implies that the member or customer accepts these General Terms and Conditions unconditionally and unequivocally.
Article 3 - CONTACT DETAILS
Xpandity.com is a limited liability company incorporated under Belgian law and established in Belgium at 4400 FLEMALLE, 41 Rue Ruy. It is registered in the commercial register of Ghent under company number 0473.523.118, and with the intracommunity VAT number BE 0473.523.118. Email: firstname.lastname@example.org
Article 4 - DEFINITIONS
Services: all of the services that are offered by the company Xpandity.com on its website kl6.be in general and the sales of goods and services via the Internet in particular. Member: any person who has registered on the website kl6.be
Customer: any member who enters into a commercial relationship with Xpandity.com by purchasing a product or service via the website kl6.be. A customer is deemed to be authorized to make this purchase and to be authorized to enter into a commercial transaction with Xpandity.com
Supplier: any company that has mandated Xpandity.com to sell its products through the website kl6.be.
Order: any order that is placed by a customer in accordance with the terms described in Article 6.
Article 5 - REGISTRATION
Any person can become a member by registering on the website kl6.be.
The membership is free.
Article 6 - ORDERING
You must be of legal age to place an order on kl6.be. Minors or other persons who are not of full legal capacity must be represented by their parents or a legal representative, who shall also be bound by our general terms and conditions and sales conditions. The products and services as defined in Article 4 are offered for sale through the website kl6.be. Irrespective of any written evidence that the customer may possess, it is expressly agreed that only the data that are recorded in the computer system of Xpandity.com, its hosting partner or its Internet payment service provider will serve as proof of the communications, the contents of the order and the entirety of the transactions that have taken place between the parties. In all cases, the customer shall receive a confirmation of his/her order via email after the purchase, and a second email at the time of shipment of the order by Xpandity.com. All contractual information regarding the order is communicated to the member in English by the member at the time of his/her registration. This information shall be reconfirmed once more by email and on paper at the latest upon delivery of the order to the customer, in accordance with Article 9 of these General Terms and Conditions.
Article 7 - PRICES AND PAYMENT METHODS
The prices that are listed during the purchasing process are in euro and are inclusive of VAT and service charges unless explicitly stated otherwise. The cost of transportation is not included in the prices of the products and services. It will be charged separately. The applicable VAT rate is the VAT rate that is valid in the country where the delivery address is situated. Xpandity.com reserves the right to change the sales prices at any time. However, the purchased products and services shall always be billed at the prices listed in the email confirming the order. These are the prices that were applicable at the moment of purchase. The products remain the property of the Xpandity.com until they have been paid in full by the Customer. Xpandity.com reserves the right to refuse any order of a member with whom a dispute exists or with whom a dispute has arisen in the past. Purchases can be paid online only, using VISA, American Express, MasterCard, Bancontact and PayPal. The Customer's bank account shall be debited after confirmation of the purchase and the payment shall be effective only once the Customer's bank has given its consent to Xpandity.com. If the Customer's bank refuses the payment, the order shall be canceled automatically. Customers warrant that they are authorized to execute online payments using one of the aforementioned payment methods and that there are sufficient funds in the bank account linked to the credit card, Bancontact card, or PayPal account to cover all costs arising from the transaction. Entering confidential payment information on the website www.kl6.be is extremely secure thanks to the use of SSL encrypting (Secure Socket Layer). For the processing of online payments, Xpandity.com works with STRIPE & PAYPAL. Xpandity.com has no access to the confidential payment data of its Customers. They are not stored with Xpandity.com. For this reason, the Customer's payment details have to be requested every time a purchase is made. The confidential payment data (bank cards, expiration dates, security codes) are accessible to the company STRIPE only.
Article 8 - AVAILABILITY
The products and services, as well as the prices, are valid as they are shown on the website www.kl6.be, within the limits of availability of these products and services at the supplier. Xpandity.com commits itself to make every effort to deliver all of the orders. Nevertheless, Xpandity.com cannot be held responsible for the unavailability of a product or service at the supplier's nor for any damage that could result from it. In the event that one or more products or services within an order are not available, the customer shall be notified by email or telephone that his/her order shall be canceled in whole or in part. In the event that the unavailability is established and communicated when the Customer has already paid for his/her products, Xpandity.com shall immediately request its bank to refund the paid amounts. The Customer shall be informed of this by email. The time period within which the money shall be paid back effectively depends on the payment method that the Customer has used to make his/her purchase. If the purchase was made with a credit card, the refund will show up on the next monthly credit card overview. If the Customer is of the opinion that reimbursement takes abnormally long, it is recommended that the Customer contacts his/her bank.
Article 9 - DELIVERY
The orders are delivered at the delivery address that was specified by the Customer during the ordering process and according to the conditions described therein. Xpandity.com reserves the right to split up the order into one or more deliveries depending on the availability of the products. Each delivery will be announced in an email, in which the Customer is asked to consult his/her invoice on the website of www.kl6.be. If no one can accept delivery of the package when it is offered, the carrier will leave a message in the mailbox stating the name and contact details of the carrier. The Customer must then contact the carrier to check where and when the Customer can pick up the package. Xpandity.com ensures that the order is processed in the shortest possible time. Under no circumstance can Xpandity.com be held responsible for any delay in the delivery of products or services, nor for the damage that could result from it. Xpandity.com commits itself to deliver the order no later than 30 days after the order date. The monitoring system used by the carrier serves as proof of the effective delivery of the order (and of its proper reception by the Customer), unless the Customer proves otherwise. In the event that a Customer proves that an order was not delivered within 30 days after the order date, the Customer can cancel the order without any damages, provided that he/she informs Xpandity.com by registered mail, with proof of receipt, sent to the address listed in Article 3 of these General Terms and Conditions, that he/she wishes to cancel his/her order. If a product is not delivered at the delivery address within 30 days after the order date, it is the responsibility of the Customer to contact Xpandity.com within 7 working days of receipt of delivery. Contact must be made via the section "Contact" on the website of kl6.be. Once the period of 7 days has passed, complaints and returns will no longer be admissible.
Article 10 - NON CONFORMITY
All products and services that are offered for sale on the website kl6.be are described in good conscience and as faithfully as possible. However, the photographs that are shown on the website have no contractual value. Xpandity.com disclaims any responsibility for errors that may occur in the descriptions of the products or services or in the photographs. Nevertheless, Xpandity.com commits itself to correct any errors that are reported in writing as soon as possible and in as far as possible.
Article 11 - WARRANTY
We guarantee that our products conform to your order and meet the normal expectations that you may have, taking into account the specifications of the product. Obviously we also guarantee that the products meet all of the laws that are in force at the time of your order. Furthermore, we use the statutory minimum warranty period of two years for the delivery of items if the goods are not in conformity with the order that was placed. This means that in the case of faults of or defects to the article, it shall be repaired or replaced free of charge up until 2 years after delivery. To the extent possible and reasonable, you shall have a choice between repair and replacement. Only if repair or replacement is excessive or impossible or cannot be performed within a reasonable time, shall you have the right to demand a price reduction or rescission of the purchase contract. If the defect or fault manifests itself within 6 months after delivery, it is deemed to have already existed before delivery, unless we can prove otherwise. After this period of 6 months, it is your responsibility to prove that the defect was already present upon delivery. Xpandity.com acts as a representative of the Supplier. The Suppliers guarantee that the products and services that they offer for sale through kl6.be function perfectly and show no visible or hidden defects that would make normal use of the product impossible or dangerous. Under no circumstance can Xpandity.com be held responsible for any technical defects of the delivered products, unless they were established immediately upon unpacking the product. In that case, the customer must immediately contact us. In any case, the warranty does not apply to products that were damaged on purpose or due to negligence (breakage, moisture, unsuitable temperature, corrosion, ingress of fluids, power surges, fire, or any other form of force majeure) and products that have clearly been opened (repaired and/or modified by a repairer who was not authorized by Xpandity.com). Similarly, the warranty does not apply if the damage is the result of wear, transport, misuse and/or non-conformance to the instructions in the manual. If none of the above-mentioned exclusions apply to the product, the warranty must be claimed within 2 months after receipt of the product. Once these 2 months have passed, the warranty can no longer be claimed. The statutory warranty also covers any hidden defects. For all questions regarding the warranty, members can visit the website www.kl6.be and click the section "Contact".
Article 12 - INTELLECTUAL PROPERTY RIGHTS
The texts, the database containing all of the data that are published on the website, the layout and the graphic design of the web pages, the sales catalogue, the photographs, the images and the music on the website www.kl6.be are protected worldwide by copyrights, trademark rights and all other forms of intellectual property rights. Consequently, they shall remain the exclusive property of Xpandity.com, or its suppliers and of the partners with whom Xpandity.com has entered into an agreement. Therefore, any form of copying, publishing, imitating or any other use in whatever form is forbidden without the prior written consent of Xpandity.com. Xpandity.com shall take legal action against any violation of this stipulation.
Article 13 - LIABILITY
Under no circumstances can Xpandity.com be held liable for damages suffered directly or indirectly (interruption of operation, loss of profit, missed opportunities, ...), resulting from the use of the services described in Article 4, except in case of fraud or serious misconduct by Xpandity.com, its agents or its representatives. Furthermore, Xpandity.com is in no way responsible for the content of third-party websites to which Xpandity.com links on its website, in particular with regard to compliance with the protection of privacy and personal information. Xpandity.com cannot be held liable for any errors in the photographs or texts that are used in the product descriptions on the website www.kl6.be. Xpandity.com disclaims any liability for any damage that is caused by a defect, malfunction or improper use of a product that was sold on the website www.kl6.be, as well as for damage that is the result of modifications that were made by the Supplier, except in case of fraud or serious misconduct by Xpandity.com, its agents or its representatives. Xpandity.com cannot be held liable for the inability to deliver the ordered goods, in cases of force majeure, such as disruption or cessation of transport, mail or communication services, flooding, fire, etc. In all cases where Xpandity.com is held liable, the liability of Xpandity.com shall be limited to the amount that the Customer has actually paid for an order.
Article 14 - DISPUTES AND APPLICABLE LAW
Any dispute regarding the use of the services defined in Article 4, and with respect to these General Terms and Conditions, are subject to Belgian law. In the case of a dispute, only the Courts of Liège are competent.
Article 15 - AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
Xpandity.com may modify these General Terms and Conditions at any time, amongst other things in order to comply with legal obligations. Members will be notified adequately of any changes to the General Terms and Conditions on the website www.kl6.be, or in another way. Members commit themselves to take note of the changes as soon as they are made aware of them. Any use of the services described in Article 4 after Xpandity.com has communicated the modified General Terms and Conditions assumes the acknowledgment and endorsement of the modified General Terms and Conditions. Xpandity.com reserves the right to modify the design and content of its website at any time. Insofar as possible, Xpandity.com shall communicate every significant change to its members. If an article or section of these General Terms and Conditions should be declared void or non-enforceable by a decision of a court, this does not in any way lessen the validity and applicability of the other articles and sections of these General Terms and Conditions.
Article 16 - COMPLAINTS
Customer satisfaction has top priority for Xpandity.com. We therefore always ask each member of kl6.be who has a question or complaint to contact our customer service staff. They are available each working day by email or via the link "Contact", which can be found on every page of the website.