Terms of service

General terms and conditions of sale of KRIKET BV 

  1. Definitions

In these general terms and conditions of sale the following terms shall have the following meanings:

  • Customer: the consumer, i.e. any natural or legal person who, exclusively for non-professional purposes, acquires or uses products or services available on the market;
  • Durable medium: any tool that enables the Customer to store information addressed personally to him in a way that makes this information easily accessible for future use for a period of time that is tuned to the purpose for which the information can be used, and that makes an unchanged reproduction of the stored information possible;
  • Right of Withdrawal: the possibility for the Customer to renounce the Distance Contract within the cooling-off period;
  • Goods: The goods sold by the Seller;
  • Distance contract: any contract between the Seller and the Customer relating to Goods or services concluded within the framework of a system organised by the Seller for the sale of Goods or services at a distance where, for the purposes of this contract, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract itself;
  • Day: calendar day;
  • Website: : kriket.be
  • Environment: Website and any application designated by the Seller where products are offered to the Customer;
  • Seller: see definition in Article 2
  • WER: Belgian Code of Economic Law
  1. Identity of the Seller
  • Seller: KRIKET bv (hereafter “KRIKET” or “Seller”)
  • Registered office: Brogniezstraat 172BI07, 1070 Anderlecht, Belgium
  • E-mail address: info@kriket.be
  • Company number: 761.033
  • RPR: Brussels
  1. Scope
    • All orders placed by a Customer (including via the Environment) with the Seller are governed by these general terms and conditions of sale, which apply to the exclusion of all other terms and conditions.
    • These general terms and conditions of sale can be consulted under the heading 'General Terms and Conditions' on the Website.
    • When the Customer places an order and has had prior knowledge of these general terms and conditions of sale, the Customer acknowledges having read, understood and accepted these general terms and conditions of sale without reservation.
    • Prior to the conclusion of the Distance contract, the text of these general germ and conditions of sale (which contains the information as prescribed by Article VI.45, § 1 WER) will be made available to the Customer.

If the Distance contract is concluded electronically (e.g. via the Environment), the text of these general terms and conditions of sale can be made available to the Customer electronically in such a way that the Customer can easily store it on a durable data carrier, contrary to the previous paragraph and before such an agreement is concluded. If this is not reasonably possible, prior to the conclusion of the Distance Contract, it will be indicated where the general terms and conditions of sale can be consulted electronically and that they will be sent electronically or otherwise free of charge at the request of the Customer.

  1. Offer Environment, order and acceptance
    • If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated on the Environment. The Seller cannot be held liable for the unavailability of certain Goods. The offer shall always apply as long as stocks last and may be adjusted or withdrawn by the Seller at any time.
    • Orders can be placed via the Environment.
    • A contract is only concluded between the Seller and the Customer once the Customer has complied with the conditions set, the Customer has made payment and the Seller confirms the order in writing.
    • The Seller shall provide a complete and accurate description of the Goods offered on its environment. The description shall be sufficiently detailed to enable a proper assessment of the offer by the Customer. If the Seller makes use of images, these shall be as truthful a representation as possible of the Goods offered. Obvious mistakes or obvious errors in the offer are not binding on the Seller. The Seller shall provide such information that it is clear to the Customer what rights and obligations are attached to the acceptance of the offer.
    • All product information is provided for indicative purposes only. Under no circumstances shall the Seller be held liable for any allergic reactions or health risks associated with the use of the Goods.
    • The Seller shall take the appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure website environment. In order to be able to pay electronically, the Seller shall observe appropriate security measures.
    • Electronic payments on the Environment are made via Molly and Stripe with Visa, Mastercard, Bankcontact, KBC, Belfius, ING, IDeal and Paypal. An order will be processed as soon as the Seller obtains the agreement of the institution for secure bank payment and Molly and Stripe. In the case of payment by credit card, the terms and conditions of the relevant card issuer apply. The Seller is not a party to this and cannot be held liable for it.
  1. Delivery
    • Delivery is made as soon as possible. The delivery times stated on the Environment are only indicative and in no way imply an obligation of result on the part of the Seller. Unless otherwise stipulated, the deadline for delivery shall be thirty (30) days after receipt of payment for the Goods ordered.
    • The Customer shall be obliged to take delivery of the Goods delivered by the Seller at the address indicated by the Customer during the order and the Customer shall provide the necessary space for delivery of the Goods. The Seller shall deliver the Goods (whether or not by using an external third party) to the Customer's premises in a room on the ground floor and only in a place accessible by car. At the time of delivery the Customer must sign the delivery note for receipt.
    • The Seller reserves the right to make partial deliveries, which shall constitute an equal number of partial sales. The partial delivery of an order may under no circumstances justify the refusal to pay for the Goods delivered.
    • If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the Customer will be informed as soon as possible. In such a case, the Customer has the right to dissolve the agreement at no cost, unless the ordered goods have already been dispatched at that time. In the event of cancellation, the Seller shall reimburse the amount paid by the Customer within fourteen days.
  1. Prices and payment methods
    • The prices mentioned on the Environment are those mentioned on the day of the order and include VAT but do not include any shipping costs. The calculation of the shipping costs will be clearly displayed to the Customer during the course of the order.
    • Prices will not be increased in the course of the order, unless exchange rates and legal measures (e.g. customs tariffs, taxes and duties) make this necessary. In this case, the Seller shall expressly inform the Customer in writing and the Customer shall have the right to terminate the contract without charge or compensation.
    • The Customer must pay for the Goods before delivery, including the applicable delivery costs, before the order can be accepted.
    • Payment by the Customer can only take place via the Seller's Environment.
  1. Retention of title
    • Contrary to Article 1583 of the Belgian Civil Code, the Seller reserves the right of ownership of the Goods which it sells to the Customer until the price of these Goods has been paid in full, in principal, interest and costs.
    • The risks of loss of and damage to the Goods are transferred to the Customer or a third party designated by the Customer, who is not the carrier, at the time of delivery.
  1. Warranty and Conformity Goods
    • The Customer has a legal guarantee by virtue of the Act of 21 September 2004 on the protection of consumers in the event of the sale of the Goods in question to which this applies. For example, the legal guarantee does not apply to articles with a shorter lifespan or articles with a shorter expiry date (food). This legal guarantee applies from the date of delivery. Any commercial guarantee does not affect these rights.
    • Every delivery of Goods will be checked immediately upon receipt by the Customer. Complaints relating to visible defects must be reported in writing and documented by the Customer to the Seller within 72 hours of delivery,  under penalty of forfeiture of rights.
    • If a hidden defect is found in the Goods, the Customer must inform the Seller in writing and documented as soon as possible. In any case, including the possible application of the mandatory rules of the legal guarantee, any defect must be reported in writing and documented within a period of two (2) months after its discovery by the Customer. Thereafter, any right to repair, refund or replacement shall lapse.
    • Complaints about defects in the Goods are only valid and will only be examined on condition that the Goods sold have not yet been put into use by the Customer. Goods whose expiry date has expired or which have not been stored correctly cannot give rise to hidden defects.
    • The Customer must always be able to present proof of purchase. The Customer is advised to keep the original packaging of the Goods.
    • For the Goods purchased under a Distance Contract and delivered to the Customer's home, the Customer shall contact the Seller's customer service department and return the Goods to the Seller at the Seller's expense.
    • Defects arising from accidents, neglect, falls, use of the Goods contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, alterations or modifications to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use, in the event that a third party not lawfully authorised by the Seller has intervened or handled the Goods and in the event of damage caused by fire, water (flood), lightning or natural disaster cannot be recovered from the Seller or are covered by the applicable warranty.
    • In the event of a visible or hidden defect for which the Seller is liable, the Seller shall, at its option, either (i) replace the defective Goods or (ii) repair the defective Goods or (iii) reduce the price (in the event of a full refund, the defective Goods shall be returned).
    • This article is without prejudice to the right of withdrawal provided for in article 9 of these general terms and conditions of sale.
  1. Right of withdrawal Goods
    • Information on the right of withdrawal
      • In the case of a Distance Contract relating to the Goods, the Customer has a period of fourteen (14) calendar days within which he may revoke the contract without giving any reason.
      • The revocation period starts from the day following the day on which the Customer or the third party designated by the Customer takes physical possession of the good, except in special circumstances provided for in Book VI WER:
    • In the case of several Goods or Goods composed of different consignments or parts which are part of a single order but which are delivered separately, counting from the day following the physical taking of possession of the last Goods or the last consignment or the last part;
    • In case of regular delivery during a certain period of time, counting from the day after physical possession of the first good.
  • In order to exercise the right of withdrawal, the Customer must inform the Seller of the decision to withdraw from the contract by ordinary post or by e-mail (see Article 2 for contact details) by means of an unequivocal declaration, either by post or e-mail:
  • The model revocation form, which can be found here, completed and signed to be sent to the Seller; or
  • An unambiguous statement clearly indicating that the decision to withdraw from the contract is to be sent to the Seller.

The burden of proof of the revocation lies with the Customer.

  • Consequences of the revocation
    • The Customer shall return the Goods or hand them over to the Seller or to a person authorised by the Seller to take delivery of the Goods before the expiry of a period of fourteen (14) calendar days from the day on which it has notified the Seller of its decision to withdraw from the contract.
    • The Customer shall bear the direct costs of returning the Goods unless otherwise expressly agreed in writing.
    • The Seller shall reimburse all payments received from the Customer, including the delivery costs, within fourteen (14) calendar days from the day on which the Customer informed the Seller of the decision to revoke. The Seller reserves the right to make a refund only until the Seller has received all the Goods or until the Customer has demonstrated that it has returned the Goods. The Seller shall reimburse the Customer by the same means of payment used for the original purchase unless the Customer agrees that the reimbursement shall be made by another means of payment.
    • The Customer shall be liable for any reduction in the value of the Goods resulting from the handling of the Goods which goes beyond what was necessary to establish the proper functioning of the Goods.
  • Exceptions to the right of withdrawal
    • The Customer cannot exercise the right of withdrawal as provided for in the WER:
  • The price of the Goods or services shall be subject to fluctuations in the financial market which are beyond the Seller's control and which may occur within the revocation period;
  • The Goods delivered have been manufactured according to the specifications of the Customer or are clearly intended for a specific person;
  • The delivered Goods can spoil quickly or have a limited shelf life;
  • The sealed Goods have been opened after delivery and cannot be returned for reasons of health protection or hygiene;
  • The Goods delivered have been irrevocably mixed with other Goods after delivery;
  • The security of the material carrier of audio and video recordings or computer equipment supplied (e.g. DVD, CD, USB stick, CD-ROM, video cassette, etc.) is broken after delivery. If the item is not sealed, the Customer may revoke the contract and return the item undamaged;
  • The contract was concluded during a public auction.
  1. Dissolution of the Agreement
    • The Customer only has the right to dissolve the contract with the Seller, without prejudice to the mandatory legal provisions in force, in the event that the Seller fails to fulfil its obligations under the contract due to gross negligence, wilful misconduct, deception or fraud on the part of the Seller. If the Customer wishes to exercise his extra-judicial right of rescission, he must inform the Seller thereof by registered letter within a reasonable period after he became aware of the circumstance giving rise to the rescission.
    • The Seller has the right to dissolve the agreement with the Customer extrajudicially in the following cases:
  • The Customer turns out to be insolvent; or
  • The Customer fails to fulfil his obligations under the contract due to gross negligence, wilful misconduct, deception or fraud; or
  • All or part of the Customer's assets will be attached.

If the Seller wishes to exercise its right of dissolution, it must inform the Customer thereof by registered letter within a reasonable period of time after being at the height of the circumstance that gave rise to the dissolution.

  1. Liability
    • Photographs and texts illustrating and describing the Goods in the Environment are not binding on the Seller and are provided for information purposes only. Except in the case of intent or gross negligence, the Seller does not accept any liability for errors or omissions in the photographs or texts appearing in the Environment.
    • Subject to any conflicting provisions set out above, the Seller shall not be liable for any damage resulting from their slight fault, insofar as it is dependent on the cooperation, services and deliveries of third parties in the performance of its obligations.
    • Subject to any conflicting provisions set out above, Seller's liability under these general terms and conditions of sale (whether for breach of contract, tort, compensation, or any other reason) shall not exceed the amount equal to the total price paid by the Customer to Seller in respect of the Goods giving rise to such damage. In no event shall Seller be liable for any indirect, special, consequential or incidental damages (including without limitation damages for loss of use of facilities or equipment, loss of income, loss of data, loss of profits or goodwill) arising out of its Goods, the use of those Goods, the sale of those Goods or this Environment and irrespective of whether Seller has been (a) advised of the possibility of such damages or (b) is negligent (excluding any fraudulent misrepresentation on the part of Seller).
    • The Seller's liability shall not be excluded or limited for any liability which cannot be excluded or limited under applicable law.
    • The Seller will never incur any liability if it is unable to fulfil its obligations due to force majeure. As long as the force majeure lasts, any obligations of the Seller are suspended.
  1. Force majeure
    • If the Seller is unable to fulfil its obligations as a result of force majeure, it shall not be liable to the Customer. In the event of force majeure, the Seller shall not be obliged to pay any fine or damages.
    • Force majeure shall be understood to mean: any strange cause, as well as any circumstance which should not reasonably be at its risk, such as for example delay or breach of contract by our suppliers for a.o. foreign merchandise and primary raw materials, disruptions of the Internet, hacking of the Environment, disruptions of electricity, disruptions of e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, lock-outs, general mobilisation, state of war or revolution, bad weather conditions, strikes, Government measures, delays in supply, obstacles to the receipt of fuels necessary for normal production, negligence on the part of our suppliers and/or manufacturers as well as auxiliaries, illness of personnel, pandemics, defects in auxiliaries or means of transport and all circumstances independent of the will, are expressly considered as force majeure.
  1. Protection of personal data and exchange of information
    • The Seller processes the personal data communicated by the Customer and makes them available to the Seller in accordance with the Privacy statement which can be found here.
    • By using the Environment, the Customer accepts to have read the Privacy Statement.
    • For more information on the use of cookies on the Website, the Customer can find the Cookie statement here.
  1. Amendment of general terms and conditions of sale
    • The Seller reserves the right to amend these general terms and conditions of sale unilaterally. The updated version in force at the time of acceptance of an order by the Seller shall apply to the legal relationship arising from that order.
  1. Intellectual property
    • The Customer acknowledges and accepts that all content (texts, illustrations, photographs, images, files, designs, regulations and other things) on the Seller's Environment and derived versions are protected by intellectual property rights. All copyrights, trademarks and intellectual property rights relating to information or content contained in the Environment are at all times the property of the Seller or its licensors. The Customer may only use this information to the extent expressly authorised in writing by the Seller or its licensors.
  1. Divisibility
    • If any provision (or part of a provision) of these general terms and conditions of sale should be unenforceable or conflict with a mandatory provision, this will not affect the validity and enforceability of the other provisions of these general terms and conditions of sale, nor will it affect the validity and enforceability of that part of the relevant provision that is not unenforceable or conflict with a mandatory provision. In such a case, the parties will negotiate in good faith to replace the unenforceable or conflicting provision with an enforceable and legally valid provision that is as close as possible to the purpose and intent of the original provision.
  1. Jurisdiction clause and applicable law
    • These general terms and conditions of sale as well as any contract between the Seller and the Customer shall be governed by Belgian law.
    • The Dutch speaking courts of the judicial district of Brussels are exclusively competent for all disagreements, disputes and claims brought by the Customer against the Seller's.