TERMS OF USE AND GENERAL CONDITIONS OF SALE

Last update on June 3, 2022. Previous versions available on request.

DESCRIPTION

Welcome to KissPlanet.shop !

KissPlanet.shop is an online sales site that provides you with services and products that meet the KissPlanet Quality Charter. Please review our Privacy Policy, Cookies Policy and Advertising Policy to understand how we collect and process your personal information in connection with your use of KissPlanet.shop.

PREAMBLE
KissPlanet is the trade name used by KissPlanet SRL (hereinafter referred to as KissPlanet). These Terms of Use and General Terms of Sale govern the rights and obligations between KissPlanet SRL (hereinafter referred to as KissPlanet) and its customers, concerning orders placed on the online sales site KissPlanet.shop. This site is managed by the company KissPlanet SRL registered under the number 0542.535.549 (VAT BE0542.535.549) and has its registered office Rue de l’Agasse 26, 5030 Gembloux, Belgium. It can be contacted at +32 470 971 554 and [email protected].

Any order for a product or service via the site KissPlanet.shop implies full acceptance of these terms of use and general conditions. The customer will be informed during the purchase process on the site and will have to express his consent with a click before concluding his order.

As an online sales site, you acknowledge that you are aware that your agreement to these terms of use and general conditions does not require a handwritten signature.

TERMS OF USE

Please read these terms carefully before placing an order on KissPlanet.shop. By placing an order on KissPlanet.shop, you agree to be bound by these terms and conditions, which alone govern our contractual obligations, in addition to the legal obligations to which KissPlanet is subject by its activities.

1. ELECTRONIC COMMUNICATIONS
KissPlanet aims to promote sustainable, environmentally friendly consumption and behaviour while providing high quality service. We favour electronic communications, in addition to ensuring a telephone hotline via our customer service available at the times indicated on the site. In the context of our contractual relations, you agree that all agreements, information, disclosures and other communications that we send to you electronically fulfil all the legal obligations to communicate in writing, unless a specific mandatory law imposes another mode of communication.

The data recorded by KissPlanet constitutes proof of all communications, transactions and payments between KissPlanet and its customers. These data are stored by KissPlanet under reasonable security conditions on durable and reliable media and are made available on request.

2. YOUR ACCOUNT
You will need a personal KissPlanet account to order KissPlanet products. You will need to fill in your name and surname, and provide a valid email address.

You will need to have a valid payment method associated with your account. If you have a problem using the payment method you selected, we may use any other valid payment method associated with your account.

You are responsible for the validity and completeness of the information you have provided to us and must inform us of any changes to this information. You can access your information in the My Account section of the KissPlanet site.

When you use the KissPlanet site, you are responsible for maintaining the confidentiality of your account and password, restrictions on access to your computer and other equipment, and within the limits of what is permitted by applicable law, you agree to be responsible for all activities that have been conducted from your account or with your password. Make sure your password remains confidential and secure, and notify us immediately (customer service) if you have reasons to believe that your password is known to anyone else, or if the password is used or likely to be used in an unauthorized manner.

We reserve the right to deny access or close an account if you are in violation of applicable laws, these Terms of Use or any other terms, conditions, guidelines or policies of KissPlanet.

3. MINORS
KissPlanet does not sell products to minors. Children's product on our site must be purchased by adults. Children can order only under the supervision of a parent or guardian.

4. MODIFICATION OF THE SERVICE OR TERMS OF USE

In order to continuously improve its services, KissPlanet reserves the right to make changes to its product catalogue, services, procedures, terms and conditions, including these Terms of Use at any time. You are subject to the terms and conditions, procedures and Terms of Use in effect at the time the sale is made. If a provision of these Terms of Use is deemed invalid, void, or unenforceable, for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

5. APPLICABLE LAW
KissPlanet will make every effort to resolve any dispute amicably, in the interest of all parties. Contact us directly at [email protected] to report any problem. In the case, very unlikely, where justice should be seized, these Terms of Use are subject to Belgian law.

If you are a consumer and your habitual residence is located in a country of the European Union, you also benefit from rights protecting you under the mandatory provisions of the applicable law in your country of residence. You agree to submit all disputes arising out of the commercial relationship between you and KissPlanet to the exclusive jurisdiction of the courts of the city of Namur in Belgium.

The European Commission also provides an online dispute resolution platform which can be accessed at
https://ec.europa.eu/consumers/odr/.

These General Conditions of Sale govern the sale of products between KissPlanet (KissPlanet SRL) and you.
Please read these terms carefully before placing an order on KissPlanet.shop. By placing an order on KissPlanet.shop, you notify and agree to be subject to these conditions, which alone govern our contractual obligations, in addition to the legal obligations to which KissPlanet is subject by its activities.

1. PLACE ORDER
KissPlanet only sells products via its KissPlanet.shop sales site. To order, you must have opened an account, select each product you want to buy and add it to your cart. When your selection is complete, you must confirm the content and place your order.

You will then have to choose the delivery options and method of payment for your purchases, according to your preferences. It is by clicking on the button of purchase that you confirm and order.

You will then receive a message confirming your order, showing the important elements of the selected articles. It is this confirmation message that concludes the sales contract between you and KissPlanet. Please check your spam folder and contact us if you did not receive anything after confirming your order.

For environmental reasons and simplicity, KissPlanet does not send a paper invoice and does not place a delivery note in your package. You agree that these documents are made available to you electronically via the site KissPlanet.shop, in My account. If you need a paper copy, please consult our help pages or contact us at [email protected].

For your safety and to fulfil its legal obligations, KissPlanet reserves the right to request additional information from the customer before confirming an order. KissPlanet also reserves the right to refuse to confirm an order if there is no response deemed appropriate.

2. ONE-STEP ORDER
In the case where this functionality is made available to the customer, the one-step order makes it possible to place an order directly, by combining all the steps of the purchasing process by referring to the preferences selected by the customer (delivery method, payment method, etc). The information used is that given by the customer and stored in his profile (my account).

3. PROPERTY
The products sold remain the property of KissPlanet until full payment of the order by the customer.

4. RIGHT OF RETRACTATION WITHIN 14 DAYS
Except exceptions indicated below, you have the possibility of retracting your order, without giving any reason, within 14 calendar days starting from the day following the date of reception of the order by yourself, or a third party designated by you (other than the carrier).

To respect the deadline for withdrawal, simply inform us of your decision to retract your order by contacting us at [email protected], before the 14 days deadline expires. We will send you an acknowledgment of receipt. You can also do it by mail to KissPlanet, Rue de l’Agasse 26, 5030 Gembloux.

The products must be returned to us at KissPlanet, Rue de l’Agasse 26, 5030 Gembloux, in their original condition (sealed packaging, accessories, instructions, etc.) and accompanied by the return slip sent to you or a copy of your order form completed by you with the indication of the products you are returning. You have 14 days to return your order. The cost of return is at your charge (the initial delivery costs corresponding to our least expensive formula will be refunded).

In case of withdrawal, KissPlanet will refund, at the latest 14 days from the receipt of your products in good condition, all payments received from you related to this order, including standard delivery charges (the least expensive, whatever your choice). We will use the same method of payment that you used to pay for your order, except for company vouchers (EcoCheques or other Edenred, Monizze, Sodexo). If part or all of the order has been paid using loyalty discounts, a voucher (rebate or fixed amount), the same amount will be credited to the loyalty, voucher or rebate account, respectively.

However, it is not possible to refund a purchase made with company vouchers (EcoCheques or other Edenred, Monizze, Sodexo). Refunds for purchases made with this means of payment can only be made via a voucher valid on KissPlanet.shop for one year from the date of reimbursement.

The right of withdrawal does not apply to :

The delivery of products that cannot be returned for reasons of hygiene or health protection (unpacked intimate hygiene products for example), if you have unsealed them;
Products which, after delivery, have been inseparably mixed with other items;
Food products delivered in bulk in KissPlanet's reusable and returnable packaging;
Fresh fruit and vegetables;
The delivery of audio or video recordings or computer software if you have unsealed them after delivery;
The supply of products that are likely to deteriorate or expire quickly. Food products with an expiry date of less than 4 months on the date of the return request are considered to be liable to deteriorate rapidly and therefore fall into this category, regardless of their nature and packaging. The customer can consult the DLUO of each food product at any time at the time of purchase on KissPlanet.shop;
Products that have been specially realized or modified at the request of the client, and consequently cannot be considered as belonging to the standard assortment of KissPlanet. As a mere example, and thus without any limitative intention, we can name: objects that have been crafted with a name or a logo, as well as edibles that have been packed in a particular way at the request of the client. The special orders that are described under title 14 of the present conditions also belong this very category;
the giftcards that are used as a purchase voucher, as well as the Avantage and the Privilège cards which award their holder discounts for a specific period;
the special orders and/or the orders of particularly big amounts that necessitate an unusual purchase of KissPlanet, either because the ordered amounts are exceptional, either because the product doesn’t belong to the standard assortment of KissPlanet;
the orders of professional clients (both subject to VAT, and not subject to VAT)

5. POLICY OF RETURN UNDER 3 MONTHS

KissPlanet wants to simplify your life! In addition, KissPlanet defends sustainable and reasonable consumption. As such we do not want you to keep products that you do not consume or that do not suit you. We also wish to offer you maximum comfort.

In line with our zero waste and simplicity philosophy, we offer our return policy under 3 months.

You can return all products sold by KissPlanet within 3 months of receipt of the products, without giving the reason, if the products are complete (with accessories, instructions, etc.) and in new and intact condition. The packaging can not be unsealed and we must be able to resell the product.

To respect the deadline for withdrawal, simply inform us of your decision to retract your order by contacting us at [email protected], within 3 months of the date at which you received your order. We will send you an acknowledgment of receipt. You can also do it by mail to KissPlanet, Rue de l’Agasse 26, 5030 Gembloux.

The products must be returned to us at KissPlanet, Rue de l’Agasse 26, 5030 Gembloux, in their original condition (sealed packaging, accessories, instructions, etc.) and accompanied by the return slip sent to you or a copy of your order form completed by you with the indication of the products you are returning. The costs and risks of return transport will be your responsibility.

In case of return in accordance with our return policy, KissPlanet will refund, no later than 14 days from the receipt by KissPlanet of your products in good condition, all payments received from you related to this order, excluding the costs of initial delivery. We will use the same method of payment that you used to pay for your order, except for company vouchers (EcoCheques or other from Edenred, Monizze, Sodexo).

If part or all of the order has been paid using loyalty discounts, a purchase order or a rebate, the same amount will be credited to the loyalty, voucher or rebate account, respectively. However, it is not possible to refund a purchase made with company vouchers (EcoCheques or other, from Edenred, Monizze, Sodexo). Refunds for purchases made with this means of payment can only be made via a voucher valid on KissPlanet.shop for one year from the date of reimbursement.

Any product that is incomplete, damaged or of which the original packaging has been damaged will not be refunded, exchanged or returned. In fact, in line with our zero waste philosophy, we will want to put back on sale any compliant product (products and packaging). Your cooperation will be appreciated!

This guarantee does not apply to :

•The delivery of products that cannot be returned for reasons of hygiene or health protection (unpacked intimate hygiene products for example), if you have unsealed them;

•Products which, after delivery, have been inseparably mixed with other items;

•Food products delivered in bulk in KissPlanet's reusable and returnable packaging;
•Fresh fruit and vegetables;

•The delivery of audio or video recordings or computer software if you have unsealed them after delivery;

•The supply of products that are likely to deteriorate or expire quickly. Food products with an expiry date of less than 4 months on the date of the return request are considered to be liable to deteriorate rapidly and therefore fall into this category, regardless of their nature and packaging. The customer can consult the DLUO of each food product at any time at the time of purchase on KissPlanet.shop;

•Products that have been specially realized or modified at the request of the client, and consequently cannot be considered as belonging to the standard assortment of KissPlanet. As a mere example, and thus without any limitative intention, we can name: objects that have been crafted with a name or a logo, as well as edibles that have been packed in a particular way at the request of the client. The special orders that are described under title 14 of the present conditions also belong this very category;
•the giftcards that are used as a purchase voucher, as well as the Avantage and the Privilège cards which award their holder discounts for a specific period;
•the special orders and/or the orders of particularly big amounts that necessitate an unusual purchase of KissPlanet, either because the ordered amounts are exceptional, either because the product doesn’t belong to the standard assortment of KissPlanet;
•the orders of professional clients (both subject to VAT, and not subject to VAT).

Any incomplete or damaged product will not be refunded, exchanged or returned.We ask you to return the product in its original packaging in the best possible condition. In fact, in line with our zero waste philosophy, we will want to put back on sale any compliant product avoiding the waste of packaging. Your cooperation will be appreciated!

This return policy does not affect your legal rights (see article 11 of these General Conditions of Sale ("Warranty")), including your statutory right of withdrawal described above.

6. PRICES
The prices of our products are indicated in EURO all taxes included, excluding shipping costs. The delivery and shipping costs are borne by the customer (except special conditions indicated on the site) and you are notified before concluding your order. The summary table of your order shows the total amount, including possible shipping costs, any reductions deducted, which will be charged to you. They are displayed, taking into account your choice of delivery method and delivery address.
KissPlanet reserves the right to change prices at any time. The price displayed on the site at the time of the order and mentioned in the order confirmation will however be applied.

The order of fresh fruit and vegetables is based on the desired weight or quantity. KissPlanet reserves the right to deliver a slightly smaller quantity, depending on the availability at the time the order is prepared. In this case, the overpayment will be credited to your KissPlanet account when the order is prepared. As a reminder, your account balance can be refunded upon request.

7. BULK AND DEPOSIT/REFUND RETURNABLE PACKAGING
7.1. KISSPLANET'S OWN DEPOSIT/REFUND RETURNABLE PACKAGING

KissPlanet, in its concern to limit the use of single-use packaging, offers food and other products in returnable packaging specific to KissPlanet. This packaging and other means of packaging include organic textile bags, return envelopes, plastic bins and reusable "LoopiPak" with deposit-refund system. The nature and type of packaging is subject to change, depending on the improvements made by KissPlanet to its zero-waste delivery systems.

Returnable packaging requires the payment of a guarantee. The amount of this guarantee depends on the type and amount of packaging required to package the customer's order. The amount of this guarantee is automatically calculated and is indicated in the same way before the confirmation of the order, and is then added to the total amount of the order. Payment is made in one single step.

KissPlanet remains the owner of the deposits. The use of returnable packaging and the payment of a deposit when ordering does not imply any transfer of ownership. The customer acknowledges that he/she receives a temporary right of use and the obligation to return the deposit as soon as possible. KissPlanet reserves the right to collect the deposits if the customer does not return them within a reasonable period of time and at the latest after the reminder sent by KissPlanet.

7.2. RETURN OF DEPOSIT/REFUND RETURNABLE PACKAGING

In order to obtain a refund of the deposit (or guarantee), the returnable packaging must be returned to KissPlanet in good enough condition to be used again. It is not necessary to clean the bags before returning them to KissPlanet. However, bags and envelopes cannot be returned torn or irreversibly soiled. After each return, KissPlanet carries out a thorough cleaning before returning them to KissPlanet. If, after thorough cleaning, the bags or envelopes cannot be reused due to mishandling by the client, the guarantee amount will not be credited to the client's account and this amount will be used to offset the cost of replacing the discarded packaging. KissPlanet reserves the right to decide on the possible disposal of the returned packaging and the consequent non-refund of the deposit.

If a customer does not return all returnable packaging to KissPlanet, he acknowledges his obligation to reimburse KissPlanet for the total cost of each bulk bag (€5.00 excl. VAT) and each envelope (€5.50 excl. VAT) or each reusable LoopiPak (€45 VAT excl.) and FlexBag (€5 VAT excl.) not returned. The payment will be made to KissPlanet's account with the payment method of the customer's choice. KissPlanet reserves the right to deduct this amount from any subsequent payment made by the customer for another order and to adjust the content of this order accordingly.

KissPlanet offers free returns for organic cotton bags from Belgium, France and the Netherlands. The return to Belgium is done using the return envelope that is enclosed with each shipment containing KissPlanet returnable packaging. The packaging (bulk bags) must be placed in the return envelope. The return envelope must then simply be placed in a Bpost mailbox in Belgium. For parcels delivered in the Netherlands and France, the reusable bags must be placed in the return envelope and the latter must be returned in a suitable package by PostNL or Mondial Relay respectively, using the label provided for this purpose and attached to the order.

For "Flex" packaging, a return label is provided for the Customer inside the packaging. The package must be folded if it is a FlexBox as indicated inside the box. The label is placed behind the transparent window. Finally, the package must be handed over to the carrier corresponding to the given label.

The customer remains responsible for the shipment until it is received by KissPlanet. However, the customer is not obliged to use the free return envelope and can return the bags and the envelope in a parcel to be handed over to Bpost and thus send them back, at his own expense, to KissPlanet, rue de l'Agasse 26 in 5030 Gembloux.

The "free return" option is not available for shipments outside Belgium, France and The Netherlands. In this case, the customer must return the used packaging at his own expense to KissPlanet, rue de l'Agasse 26, 5030 Gembloux, Belgium.

7.3. REFUND OF THE DEPOSIT

The deposit to be refunded is credited to the KissPlanet account of the customer. The total amount credited is used to pay for subsequent orders on the KissPlanet.shop website. The available credited amount is visible on the site in the My Account section as soon as the customer has logged in. In this section, the customer can consult all the operations related to his credit: grants and uses.

The amount of credit available is immediately and automatically allocated to the payment of the customer's next order, up to the amount of the new order.

However, if the customer no longer wishes to place orders on KissPlanet.shop even though his available credit is positive, he can request reimbursement of the credit balance by sending a simple e-mail to [email protected]. The refund will be made as a normal refund, in accordance with the prescriptions of article 5 (return policy) of the present conditions.

7.4. DEPOSITS OTHER THAN KISSPLANET DEPOSITS

KissPlanet sells products in returnable packaging that are supplied by other producers (e.g. drinks in returnable glass bottles). The deposit price of these products is included in the sales price of the products. Returnable packaging from other producers is NOT collected by KissPlanet. They must be handed over in the physical shops that sell these products and that participate in the returnable packaging recovery network.

8. AVAILABILITY
To satisfy all its customers KissPlanet makes every effort to ensure the highest availability of products on sale. KissPlanet undertakes to sell the products on its website within the limits of the stocks available at KissPlanet and its suppliers. The availability of products sold on the site is mentioned on each product sheet, as an indication.

If, despite the efforts of KissPlanet, the availability of the products could not be ensured during the processing of the order and that the availability could not be restored in the short term (stock-out at the supplier, fortuitous event or force majeure preventing KissPlanet to reconstitute quickly a stock, etc...) you would be informed of the delay in delivery as soon as possible by email using the address entered on your account. You will be able to modify or cancel your order at no charge. You will not be charged for unavailable products.

KissPlanet can not be held responsible for the unavailability of products. KissPlanet may, in order to better satisfy its customers, distribute a limited stock between several orders concerned.

In order to ensure a delivery as fast as possible, KissPlanet reserves the right to send an order in several shipments, at no additional cost of transport compared to a single shipment (transport costs that are indicated when ordering).

9. CUSTOMS
KissPlanet delivers in all countries mentioned on the site. Orders outside the European Union may be subject to import duties and taxes, which are collected when the parcel arrives ot its destination. KissPlanet has no control over these customs clearance fees and import taxes and never pays for them. The customer is considered as an importer, must pay these fees in full and contact the local customs administration to know the procedures and regulations to be respected.

10. PAYMENT
Payment of the full price must be made at the time of your order. At no time, the sums paid can be considered as a deposit or instalments.

KissPlanet offers the means of payment as indicated on its website. The customer acknowledges having all the necessary authorizations to use the means of payment of his choice.

KissPlanet reserves the right to delay or cancel an order in case of incomplete payment or problem in the execution of the payment of the order.

11. DELIVERY
11.1. GENERAL COMMENTS
KissPlanet has delivered by the carrier of the choice of the customer the products purchased on the site, to the address entered by the customer as mentioned on the order form. KissPlanet cannot be held responsible for delivery errors and does not cover the additional costs relating thereto in the event of an address error entered by the customer. KissPlanet informs at the time of the order an expected indicative delivery time taking into account the available stocks, the preparation time of the order and the delivery time as provided by the carrier.

Shipping costs are mentioned before confirming the order and included in the total price of the order indicated in the confirmation.

KissPlanet can not be held responsible for delivery delays attributable to the carrier, the fortuitous event or force majeure. KissPlanet assumes no responsibility for the consequences of these delays. In case of delay the customer can of course ask to modify or cancel his order, in accordance with the provisions of articles 4 and 5 of these conditions.

The customer can pick up his order at our depot KissPlanet, Rue de l’Agasse 26, 5030 Gembloux. In the case of a withdrawal of the goods at the depot, the products are reserved for the attention of the customer during 7 days from the order. Once past this time, we may decide to cancel the order.

11.2. DELIVERY ISSUES
The customer must inspect the delivered products upon receipt and in the presence of the carrier, and must immediately notify the carrier of any apparent damage (damaged packaging, partially opened, etc). Any problem related to the delivery must also be communicated to KissPlanet (via the My Account section by selecting the order concerned or to [email protected] ) within 3 days of receiving the product. In order for a complaint to be accepted and processed, it is essential to provide photos of the outer packaging, the shipping label, the inside of the package and finally the damaged product(s).

KissPlanet, in accordance with its Quality Charter, makes every effort to best meet your expectations. It could still be that an error slips into your order. Problems related to the delivered products (order error, expiry date expired, wrong quantity, ...) must be clearly reported within 14 days of receipt of the package to [email protected] . We will send you an acknowledgment of receipt. After this period, KissPlanet can not intervene otherwise than as part of its return policy.

KissPlanet will contact you to solve the problems encountered. KissPlanet guarantees the refund or exchange of products sent by mistake and returned in accordance with our return policy. The costs of delivery and return (products returned according to the prescriptions of KissPlanet) will also be paid by KissPlanet.

11.3. NOT RECEIVING THE PARCEL
Please report any late delivery to [email protected].

If the carrier can not deliver the parcel due to a customer's absence and the customer does not pick up the parcel by the carrier, the parcel will be retuned to KissPlanet in accordance with the carrier's procedures. In this case, the order can only be returned to the customer after KissPlanet has received the original package (or reimbursement by the carrier in case of loss or damage). The return cost of the initial order and the costs of this second shipment will be borne by the customer.

12. GUARANTEE

Products purchased on this site are warranted for two years under European Directive 1999/44 / EC.

To this and beyond the legal guarantees offered by the law, is added a specific manufacturer's warranty for each product. We invite you to consult the specific notices provided for more information.

In case of lack of conformity of the product purchased, you can send an email to [email protected] or to the manufacturer or publisher, in accordance with the warranty clauses specific to the product concerned.

Report any defect as soon as possible, at the latest within 2 months of the discovery of the defect.

In any case, KissPlanet's Customer Service is there to assist you in all stages of the warranty call.

13. LIMITATION OF LIABILITY
KissPlanet wants to provide clear, complete and accurate information on the products offered for sale on its site to enable its customers to make informed and responsible choices. Despite all its efforts, KissPlanet can not guarantee the absence of errors or omissions. Consequently, the descriptions and photos presented on the site are not contractual and only for information.

On the other hand KissPlanet assumes no responsibility for the accuracy of the information provided by manufacturers and suppliers in their product descriptions.

KissPlanet will in no way be liable for the damage suffered by the customer and resulting from a breach by the latter of its obligations, such as in particular the non-compliance by the customer of the instructions for use and operation of products purchased.

KissPlanet can in no way be held liable for indirect damages suffered by the customer or anyone resulting from the use or resale of products purchased or resulting from the use of the online sales site.

In the event of KissPlanet's liability, the amount of damages that may be owed by KissPlanet in respect of purchased products, non-delivery or late delivery of products ordered or otherwise, may not exceed the amount of the purchase price of the products concerned by the claim for damages.

The exclusions and limitations of liability contained in this article do not apply to bodily injury, fraud, gross negligence, or infringement actions.

14. SPECIAL ORDERS
On request, KissPlanet meets all the specific needs of its particular and professional clients (both subject to VAT, and not subject to VAT), including custom orders. This also includes orders of particularly big amounts as well as the personalization of products or packaging. These orders cannot be made via the KissPlanet website, as they need to be explicitly negotiated. They have to be the subject of a special agreement in the form of a bid or a purchase order that has to be signed by both parties, before the closing of the sale. Moreover, this agreement has to take over the details of the order, and it also needs to mention the different personalizing modifications that eventually have to be performed.

Any modifications made by the client to the purchase order or to our proposal, will only be considered as valid in so far as we have accepted and confirmed them in written form. Moreover, every modification of the original order by the client, can cause an adjustment of the delivery period, as well as the payment of supplementary costs.

If the client cancels his order before it has been executed, this cancellation will by operation of law lead to the obligation to pay a standard fee in our favour of an amount equal to 25% of the total price of the order. This standard fee will be employed to cover the administrative and operational costs that are automatically caused by every special order.

If the client cancels his order once we already purchased the basis products this very order required, we reserve us the right, depending on the exact case, to continue the execution of the contract, or to claim a standard fee of an amount equal to 50% of the total amount of the order. This standard fee will be employed to cover, on top of the costs stipulated above, the eventual costs that we owe our suppliers, or the forced acquisition of the basis products that were the subject of the cancelled agreement.

No cancellation, however, will be accepted as soon as the requested personalization or the specific packing has been started, or as soon as we acquired the finished products that are destined for the client. In these cases, the client will still owe us the total amount of the order.

The personalized orders, even if they consist of different products or components, will be considered as one and indivisible. Consequently the annulation of a part of the order will lead to the annulation of the whole order, except as authorized by KissPlanet in an explicit and written way.

The payment is immediately and integrally payable from the date of the order on. The amounts that have already been collected can in no case be considered as a mere deposit or advance payment.

15. MODIFICATION OF THE SERVICE OR TERMS OF SALE
KissPlanet reserves the right to make changes to its product catalogue, services, procedures, terms and conditions, including these Terms and Conditions at any time. You are subject to the terms and conditions, procedures and Terms and Conditions of Sale in effect at the time you place your order on KissPlanet. If any provision of these Terms and Conditions of Sale is deemed invalid, void, or unenforceable, for whatever reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

16. APPLICABLE RIGHT
KissPlanet will make every effort to resolve any dispute amicably, in the interest of all parties. Contact us directly at [email protected] to report any problem. In the case, very unlikely, where justice should be seized, these Terms of Use are subject to Belgian law If you are a consumer and your habitual residence is located in a country of the European Union, you also benefit from rights protecting you under the mandatory provisions of the applicable law in you country of residence. You agree to submit all disputes arising out of the commercial relationship between you and KissPlanet to the exclusive jurisdiction of the courts of the city of Namur in Belgium.

The SPF Economy has developed a mediation site to assist in the quick and easy resolution of online shopping disputes. You will find useful information at https://economie.fgov.be/fr/themes/line/belmed-mediation-en-ligne/belmed-votre-partenaire-en.

The European Commission also provides an online dispute resolution platform which can be accessed at : https://ec.europa.eu/consumers/odr/ .