General Terms and Conditions
1. Identity of the company
Kou Sportswear BV
Address:
Charles Stulemeijerweg 16
5026 RT, Tilburg
The Netherlands
info@kou-sportswear.com
Registered with the Chamber of Commerce under number 88822966.
VAT identification number: NL864790995B01
2. Definitions
For the purposes of these terms and conditions, the following terms shall have the meanings set out below:
Kou Sportswear : the company as described in paragraph 1;
Buyer : the natural or legal person who orders Kou Sportswear products via the website www.kousportswear.com;
Parties : Kou Sportswear and the buyer;
Products : clothing, accessories and future products and services of Kou Sportswear;
Agreement : the written agreements between Kou Sportswear and the buyer regarding the delivery of the products;
Delivery : the moment when the buyer or a third party acting on behalf of the buyer actually takes possession of and controls 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 designs and/or model rights, (5) patents, (6) database rights, (7) know-how and (8) domain names, including any future intellectual property rights, including all powers that the relevant national and international regulations may grant thereto;
3. Applicability
3.1. These terms and conditions apply to all quotations and deliveries from, agreements with, and payments to Kou Sportswear.
3.2. By placing an order, the buyer expressly agrees to these general terms and conditions.
4. Order and Delivery
4.1. Kou Sportswear's quotes can only be accepted without any deviations. All Kou Sportswear quotes, regardless of whether they are based on regular prices or special offers, remain valid while supplies last. The buyer cannot derive any rights from Kou Sportswear quotes.
4.2. Kou Sportswear will not be bound by obvious errors or mistakes in its quotations.
4.3. The standard method for listing prices is in euros (€). Product prices listed 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 the buyer must pay on its website.
4.4. After placing an order, the buyer will receive an email from Kou Sportswear listing the products ordered and the total order amount, including VAT and shipping costs.
4.5. Kou Sportswear has the right to refuse orders within one week of receipt without giving reasons.
4.6. The products will be delivered to the address specified by the buyer.
4.7. Any delivery deadline stated by Kou-Sportswear is merely an indication, unless expressly agreed in writing that the deadline is final.
4.8 In accordance with the rules of the Distance Selling Act, Kou Sportswear will fulfill orders within 30 days. If this is not possible (because the order is out of stock or no longer available), there is a delay for other reasons, or an order cannot be fulfilled or can only be partially fulfilled, the consumer will receive notification within one month of placing the order and will then have the right to cancel the order without charge and without 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 is entitled to request payment for each partial delivery.
5. Payment
5.1. Kou Sportswear requires payment for 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 cash on delivery.
5.3. The buyer will be in default solely upon expiry of the payment term, without any notice, notice of default, or judicial intervention being required.
5.4. Kou Sportswear will owe a penalty interest of 1% (one percent) of the invoice amount for each month that the buyer remains in default of payment, with a part of a month counting as a full month, all of this without prejudice to Kou Sportswear's rights 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 buyer will be responsible for any collection costs, both judicial and extrajudicial, including the actual costs of legal assistance and legal advice (including the costs of a lawyer, bailiff, or other third parties).
5.1 Payment with Klarna
In partnership 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.
- Post-Payment
- Installment Payment
- [PLEASE ADJUST ABOVE AND BELOW IN ACCORDANCE WITH THE PAYMENT METHODS USED]
You can find more information in Klarna's terms of use . General information about Klarna can be found here . Klarna processes your personal data in accordance with applicable data protection law and as described in Klarna's privacy statement .
6. Buyer's Privacy
6.1 We believe that protecting the information entrusted to us by our website customers and others with whom we communicate is important. This includes personal information such as name and address, or information we obtain through job applications and registrations for the webshop and newsletter. Kou Sportswear uses a secure SSL connection during the ordering process and for contact forms.
6.2. Kou Sportswear treats 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 to send the newsletter. If you do not wish this, you can unsubscribe from this service.
6.3. Kou Sportswear will not disclose the buyer's personal data to any third parties other than those involved in the payment and shipment of the products.
6.4 To offer you Klarna's payment methods, we must transfer your personal data to Klarna. This only happens when you choose to pay with Klarna. Klarna uses this data to assess whether you can use the payment methods. This personal data includes your name, address, telephone number, payment history, and order details, such as the payment method, delivery address, products ordered, and so on.
Your personal data will be processed by Klarna in accordance with applicable data protection law and as described in Klarna's privacy statement .
7. Right of withdrawal
7.1. The buyer has the right to revoke the agreement without giving reasons within 14 days after the date of delivery of the products. If the buyer has not returned the delivered goods to Kou Sportswear after this period, the purchase is final.
7.2. If the buyer wishes to exercise their right of withdrawal, they may only unpack or use the products to the extent necessary to assess whether they wish to keep them. During this period, the buyer will handle the products and packaging materials with care. The buyer must return the products with all accessories supplied and in their original packaging, in complete, new condition. The buyer must prove that the delivered items were returned on time, for example, by providing proof of postal delivery.
7.3. If the buyer exercises the right of withdrawal, Kou Sportswear will refund the purchase price within 14 (fourteen) days of receipt of the products.
7.4. If the buyer fails to comply with section 7.2, or if the price tag has been removed or the products are otherwise not returned in their original condition, the right to cancel the agreement as defined in this clause will lapse. Kou Sportswear is not obligated to refund the purchase price to the buyer.
8. Defective products
8.1. If the products do not meet the reasonable requirements of the products, the buyer must immediately notify Kou Sportswear. If the buyer fails to comply with the provisions of this section, any right to a refund and/or any other possible claim for damages will be forfeited.
8.2. The fact that a product is defective does not under any circumstances entitle the buyer to suspend payment or to offset this against the invoice amount payable for any other products delivered to the buyer.
9. Retention of rights
9.1. All items delivered to the buyer remain the property of Kou Sportswear until all amounts owed by the buyer for the products delivered or to be delivered, as well as all other amounts owed by the buyer as a result of non-payment, have been paid in full.
9.2. As long as ownership of the products has not passed to the buyer, the buyer is not authorized to pledge the products or grant any third party any rights to them.
9.3. Without prejudice to any rights, Kou Sportswear has the right to take back/collect the delivered items as long as any amounts due, including but not limited to amounts resulting from deliveries, remain unpaid.
10. Liability
10.1. In all cases, Kou Sportswear will only be liable for an attributable failure to perform the agreement if the buyer validly notifies Kou Sportswear in writing of the default, allowing a reasonable period for recovery, and if Kou Sportswear continues to fail to fulfill its obligations after that period. The notice of default must contain a description of the default that is as complete and detailed as possible to enable Kou Sportswear to respond adequately.
10.2. Kou Sportswear is solely liable for losses directly resulting from foreseeable and avoidable shortcomings attributable to it and directly related to the production and delivery of the products.
10.3. Any obligation to pay damages, on whatever grounds, is at all times limited to the price of the product.
10.4. If and to the extent that payment or reimbursement under the terms of the preceding paragraph is not applicable for any reason, any obligation (legal or otherwise) of Kou Sportswear to pay compensation will be limited to the value of the relevant order.
11. Risk
11.1. The risk of – among other things – loss or theft of, or damage to, the products passes to the buyer at the moment the buyer, or someone acting on the buyer's behalf, actually takes possession of them.
12. Force Majeure
12.1. If Kou Sportswear fails to fulfill any obligation towards the buyer, such failure cannot be attributed to Kou Sportswear in the event of force majeure as referred to in Article 6:75 of the Dutch Civil Code.
12.2. Force majeure includes (but is expressly not limited to) fire, disruptions, strikes organized by a recognized association, and actions or inactions of government authorities, including municipalities (such as import restrictions).
12.3. All provisions of this section apply mutatis mutandis to force majeure affecting Kou Sportswear's suppliers and/or any third parties involved in the production and delivery of the products. Any instances of non-performance, late performance, and/or defective performance by the parties mentioned in this provision will be considered force majeure for 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 held exclusively by Kou Sportswear. The buyer does not acquire any (user) rights and/or other authorizations.
13.2. The buyer agrees not to infringe Kou Sportswear's intellectual property rights in any way, nor to invalidate these rights and/or endanger the ownership of these rights.
14. Other
14.1. The buyer's general terms and conditions, regardless of their name and form, are expressly excluded, unless expressly agreed otherwise in writing.
14.2. Amendments to these terms and conditions will only become effective if the parties agree to them in writing.
14.3. The invalidity of any provision of these terms and conditions will not result in the invalidity of the entire terms and conditions. If any provision is invalid, the parties will replace it by mutual agreement with a legally valid provision in such a way that the intent of these terms and conditions remains in force.
15. Complaints, questions or comments
15.1. If the buyer has a complaint, questions about these terms and conditions, or other comments, they can contact Kou Sportswear using the contact details listed in Section 1 of these terms and conditions. The buyer can reach Kou Sportswear by email or letter.
15.2. If the buyer has a complaint, Kou Sportswear will contact the buyer within 14 (fourteen) business days of receiving the complaint. In all other cases, Kou Sportswear may decide—but is not obligated—to contact the buyer.
16. Choice of law and forum
16.1. These general terms and conditions and any agreements related thereto are exclusively governed by Dutch law.
16.2. All disputes between the parties arising from or otherwise related to agreements or these terms and conditions will be resolved through consultation as much as possible. Any dispute 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 in the competent court in another state or place of business.