Terms and Conditions
1. COMPANY'S IDENTITY
Kou Sportswear B.V.
Charles Stulemeijerweg 16
5026 RT, Tilburg
Registered with the Chamber of Commerce under number 88822966.
VAT identification number: NL864790995B01
For the purposes of these general terms and conditions the following terms have the meaning as mentioned below::
Kou Sportswear: the company as described in paragraph 1;
Buyer: the natural or legal person who orders the products from Kou Sportswear via the website www.kousportswear.com;
Parties: Kou Sportswear and the buyer;
Products: clothing, accessories and future products and services from Kou Sportswear;
Agreement: the written agreements between Kou Sportswear and the buyer regarding the delivery of the products;
Delivery: the moment that the buyer or a third party acting on behalf of the buyer actually takes possession of and gains control over the products;
Intellectual property rights: all complete worldwide intellectual property rights and similar related rights in the broadest sense of the word, including in particular – but not limited to – the following (or claims thereto): (1) trademarks (2) trade names, (3) copyright (4) rights to drawings and / or design rights, (5) patents, (6) database rights, (7) know-how and (8) domain names, including any future intellectual property rights, including all powers that may be attributed to the relevant national and international regulations;
3.1. These conditions apply to all offers and deliveries of, agreements with and payments to Kou Sportswear.
3.2. By placing an order the buyer expressly agrees to these general conditions.
4. ORDER AND DELIVERY
4.1. Offers from Kou Sportswear can only be accepted without deviations. All quotations from Kou Sportswear, regardless of whether they are based on normal prices or special offers, remain valid as long as stocks last. The buyer can not derive any rights from quotations from Kou Sportswear.
4.2. Kou Sportswear will not be bound by obvious errors or mistakes in its offers.
4.3. The standard method for listing prices is in euros (€). The prices of the products mentioned on the Kou Sportswear website include VAT and other government levies and exclude shipping costs and / or other transport costs. Before the order is completed, Kou Sportswear will display the total price that the buyer has to pay on its website.
4.4. After placing an order, the buyer receives an e-mail from Kou Sportswear stating the ordered products and the total amount of the order including VAT and shipping costs.
4.5. Kou Sportswear has the right to refuse orders within one week of receipt without giving any reason.
4.6. The products are delivered to the address given by the buyer.
4.7. A delivery deadline stated by Kou-Sportswear is only an indication, unless it has been explicitly agreed in writing that the deadline is definitive.
4.8 Under the rules of the distance selling law, Kou Sportswear will execute orders at least within 30 days. If this is not possible (because the order is not in stock or no longer available), there is a delay for other reasons or an order can not or only partially be executed, the consumer will receive notification within 1 month after placing the order. and in that case he has the right to cancel the order without costs and notice of default.
4.9. If the buyer has ordered more than one product, Kou-Sportswear is entitled to deliver the products in parts and entitled to demand payment for each partial delivery.
5.1. Kou Sportswear requires payment of the products in advance. Payment must be made no later than 30 (thirty) days after delivery of the products.
5.2. Kou Sportswear has the right to deliver the products or have them delivered COD.
5.3. The buyer will be in default only by the expiry of the payment term, without any reminder, notice of default or judicial intervention is required.
5.4. Kou Sportswear will owe default interest of 1% (one percent) of the invoice amount for each month that the buyer remains in default of payment, whereby a part of a month counts as a whole month, all this without prejudice to the rights of Kou Sportswear to demand immediate payment of the entire outstanding amount and without prejudice to all other rights of Kou Sportswear in that situation.
5.5. The collection costs to be incurred, both judicial and extrajudicial, are for the account of the buyer, including the actual costs of legal assistance and legal advice (including the costs of a lawyer, bailiff or other third parties).
5. KLARNA PAYMENTS
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.
- Pay in  days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: United Kingdom, Germany, Sweden, Norway, Denmark, Finland, Austria and the Netherlands.
- Slice it: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Austria, the United Kingdom, Germany, Sweden, Norway, Denmark and Finland.
- Direct banking: Available in Germany, Austria and the Netherlands. Your account will be debited directly after placement of your order.
- Direct Debit: Available in Germany, Sweden, Austria and the Netherlands. Your account will be debited after shipment of the goods or tickets/ availability date of the service or in case of a subscription in accordance with the timelines communicated. You will be notified about the date(s) by email.
- Card Payments: Available in Germany. The amount will be reserved on your card and will be debited after shipment of the goods or tickets/ availability date of the service. In case of a subscription the amount will be debited in accordance with the timelines communicated.
- [PLEASE ADJUST ABOVE AND BELOW IN ACCORDANCE WITH THE PAYMENT METHODS AND MARKETS USED]
The payment methods Pay in  days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
6. PRIVACY OF THE BUYER
6.1 We believe that protecting information that is entrusted to us by our customers from our website and others with whom we communicate is important. This applies, for example, to personal details such as name and address, or information that we obtain through applications and registration for the webshop and newsletter. Kou Sportswear uses a secure SSL connection during the ordering process and with contact forms.
6.2. Kou Sportswear handles all personal data it receives from the buyer as personal and confidential. Kou Sportswear uses the personal data for the execution of the agreement and the payment and delivery of the products. Kou Sportswear is also authorized to use the personal data for sending the newsletter. If you do not want this, it is possible to unsubscribe from this service again.
6.3. Kou Sportswear will not disclose the buyer’s personal data to any third parties other than parties involved in the payment and shipping of the products.
7. RIGHT OF WITHDRAWAL
7.1. The buyer has the right to cancel the contract without giving any reason within 14 days after the day of delivery of the products. If the buyer has not returned the goods delivered to Kou Sportswear after this period, the purchase is a fact.
7.2. If the buyer wishes to make use of the right of withdrawal, the buyer may only unpack or use the products to the extent necessary to assess whether he or she wishes to keep the product. During this period, the buyer will handle the products and packing materials carefully. The buyer must return the products with all accessories and neatly in the original packaging in complete new condition. The buyer must prove that the delivered goods have been returned in time, for example by means of proof of mail delivery.
7.3. If the buyer exercises the right of withdrawal, Kou Sportswear will refund the purchase price within 14 (fourteen) days after receiving the goods.
7.4. If the buyer does not act in accordance with paragraph 7.2, or if the price tag has been removed or the products are otherwise not returned in the original state, the right to terminate the agreement within the meaning of this paragraph shall lapse. And Kou Sportswear is not obliged to refund the purchase price to the buyer.
8. DEFECTIVE PRODUCTS
8.1. In case the products do not meet the reasonable requirements, the buyer must report this to Kou Sportswear immediately. If the buyer does not comply with the provisions of this paragraph, any right to recovery and / or any other possible compenation claim will expire.
8.2. The fact that a product has defects does not in any way entitle the buyer to suspend payment or to settle this with the invoice amount to be paid for any other products delivered to the buyer.
9. CONSERVATION OF RIGHTS
9.1. All items delivered to the buyer remain the property of Kou Sportswear until all amounts due by the buyer for the delivered or to be delivered products, as well as all other amounts due by the buyer as a result of non-payment, have been paid in full.
9.2. As long as the ownership of the products has not been transferred to the buyer, the buyer is not authorized to give the products as collateral or to grant any third party rights to them.
9.3. Without prejudice to any powers Kou Sportswear has the right, as long as any amounts owed, including in any case amounts arising from deliveries, have not been paid, to take back / pick up the delivered items.
10.1. In all cases, Kou Sportswear will incur liability as a result of the imputable shortcoming in the performance of the agreement only if the buyer legally gives Kou Sportswear a written notice of default with due observance of a reasonable period of recovery and if Kou Sportswear continues to make imputable shortfalls after that period. in fulfilling its obligations. The notice of default must contain as complete and detailed a description of the shortcoming as possible to enable Kou Sportswear to respond adequately.
10.2. Kou Sportswear is only liable for losses that arise directly from foreseeable and avoidable shortcomings that can be blamed on and that are directly related to the production and delivery of the products.
10.3. Any obligation to pay damages, on any grounds whatsoever, is at all times limited to the price of the product.
10.4. If and insofar as payment or payment under the conditions of the previous paragraph, for whatever reason, is not applicable, any obligation (legal or otherwise) of Kou Sportswear to pay a fee shall be limited to the value of the order concerned.
11.1. The risk of – among other things – loss or theft of or damage to the products will pass to the buyer at the moment that the buyer, or someone acting on behalf of the buyer, actually receives them.
12. FORCE MAJEURE
12.1. If Kou Sportswear falls short in any obligation towards the buyer, such shortcoming Kou Sportswear can not be charged in case of force majeure as referred to in article 6:75 of the Dutch Civil Code.
12.2. Force majeure includes (but is not limited to) fire, malfunctions, strikes organized by a recognized association and acts or the absence thereof from governments, including municipalities (such as import restrictions).
12.3. All provisions of this section apply mutatis mutandis to the force majeure of the suppliers of Kou Sportswear and / or any third parties involved in the production and delivery of the products. All cases of missing and / or late and / or defective execution by the parties mentioned in this provision shall be considered as force majeure of Kou Sportswear.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. All intellectual property rights relating to the products, as well as all other documents and materials supplied by Kou Sportswear, are exclusively owned by Kou Sportswear. The buyer does not acquire any (user) rights and / or other powers.
13.2. The buyer declares in no way to infringe the intellectual property rights of Kou Sportswear or to invalidate these rights and / or endanger the ownership of these rights.
14.1. The buyer’s general terms and conditions, regardless of their naming and form, are expressly excluded, unless expressly agreed otherwise in writing.
14.2. Adjustments to these general terms and conditions will only take effect if the parties agree to this in writing.
14.3. The invalidity of any provision of these general terms and conditions will not result in the nullity of the entire general terms and conditions. In the event that any provision is null and void, the parties shall replace this in consultation with a legally valid provision in such a way that the scope of these general terms and conditions remains in force.
15. COMPLAINTS, QUESTIONS OR REMARKS
15.1. In case the buyer has a complaint, questions about these general conditions and / or other comments, the buyer can contact Kou Sportswear via the contact details mentioned in paragraph 1 of these general conditions. The buyer can reach Kou Sportswear by e-mail or by letter.
15.2. If the buyer has a complaint, Kou Sportswear will contact the buyer within 14 (fourteen) working days after receipt of the complaint. In all other cases, Kou Sportswear may decide – but is not obliged to do so – to contact the buyer.
16. LAW SELECTION AND FORUM
16.1. Dutch law is exclusively applicable to these general terms and conditions and any agreements related thereto.
16.2. All disputes between parties arising from or otherwise related to agreements or these general terms and conditions will be resolved as much as possible in consultation. Any dispute that is not resolved by the parties will be submitted to the competent court in Amsterdam, unless Kou Sportswear decides to take legal action against the buyer at the competent court in another state or place of business.