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We guarantee the origin of our products exclusively coming from officials manufacturers/suppliers for each mark.
GENERAL
CONDITIONS - S.A.R.L Kiga PRIVATE LIMITED COMPANY
Main
registered office : Rue de la Halte, 16 -8715 EVERLANGE
- Luxembourg
E-mail address : 
VAT : LU 230.717.29
Trade register : B144200
Hereinafter referred to as "THE COMPANY" |
ARTICLE
1: Application and opposability of the general sales conditions
These general
conditions alone, excluding any other general or special conditions,
shall govern trade relations between the COMPANY and the client in the
context of a distance selling system, by e-mail.
The client shall
declare compliance herewith and agree to the contents by clicking on
the word "I agree" before confirming the order.
The annulment
of any clause in these general sales conditions shall not invalidate
other clauses, which shall continue to apply.
ARTICLE 2: Information about the client
The COMPANY
shall comply with the statutory information requirements imposed
upon it by the Luxembourg law on business practices and consumer
protection.
ARTICLE 3: Order
Any products
the COMPANY delivers to the client shall require the provision of
an order form beforehand which the COMPANY shall reserve the right
to accept or otherwise.
The contract
shall be deemed to be validly concluded once the client receives an
electronic acknowledgement of receipt from the COMPANY featuring an
overview of the order.
ARTICLE
4 : Product availability
The products
shall be offered for sale subject to the availability of stocks.
Should a product
offered for sale be unavailable, subsequent to the acceptance of the
client's order, the COMPANY shall undertake to notify the client about
this electronically as soon as possible. Using the same electronic
media, the client shall then be entitled to seek the annulment of the
order, without this annulment leading to any compensation chargeable
to the COMPANY.
ARTICLE
5 : Prices
Prices shall
be denominated in Euro (€), including VAT.
The COMPANY
shall not be affected by any customs duties, local taxes, import
duties or any charges likely to be required in the event of deliveries
outside the European Union. These shall be chargeable to the client,
with the latter being entirely responsible for any declaration and
payment of such charges.
The products
shall be billed in the light of the rates (price and shipment costs)
applicable when the order is recorded, subject to availability.
The shipment costs (packaging and carriage) as specified in article
8 (Delivery) shall be added to the total price for the order.
ARTICLE
6 : Evidence of the parties' commitments and notifications
The
parties shall expressly agree to the electronic evidence in the context
of their relationship (e-mail, back up,&) and any notification the
client provides the COMPANY shall be made via the e-mail address mentioned
in the relevant article in these general conditions.
The parties
shall agree that the data recorded by the COMPANY shall be evidence
of all the business transactions undertaken by the client onsite.
The data recorded
by the protection system referred to in article 7 below shall represent
evidence that the products ordered have been paid for.
ARTICLE 7 : Payment
Bills shall
be payable in cash, without any discount and shall be deemed to be
a formal demand for payment.
Any amount
the client fails to pay shall be subject by rights and without notice
to late interest payments equal to 1% per month, with each month
that begins counting as a full month, and to fixed compensation as
of right equal to 15% of the value of the order, postal charges included.
The
payment shall be made by credit card or a bank transfer:
Payment
by a secure credit card (Whole World)
The COMPANY
accepts the following credit cards :
Payment
by bank transfer (EU countries)
Since 1
July 2003 it is possible to pay by bank transfer between member countries
of the European Union without charge.
From Belgium
and Luxembourg, we offer you different bank accounts to facilitate
your transfer.
The orders will be validated after having received the confirmation
of the bank of the payment of the order (= when the payment is noted
on the account of the company). The time of this validation depends
on the time necessary so that your bank carries out the transfer.
You can note this validation in your profiles.
We do not send any confirmation email for a payment by banking
transfer.
From Europe :
We offer you the following account:
ING Luxembourg
IBAN : LU98 0141 3403 8222 0000
BIC (swift-code) : CELLLULLXXX
Depuis la Belgique :
You can pay your order directly online through Ogone and his secure
payment service if you are a customer of Dexia DirectNet , ING Home banking
or CBC / KBC, or at a later time to the one of our 3 accounts provided.
You also can pay on our luxembourg bank account at your disposal.
ING Belgique: 363-0494843-86
IBAN : BE78 3630 4948 4386
BIC (swift-code) : BBRUBEBB
Dexia DirectNet: 068-2514116-97
IBAN : BE54 0682 5141 1697
BIC (swift-code) : GKCCBEBB
CBC/KBC: 732-0199713-41
IBAN : BE88 7320 1997 1341
BIC (swift-code) : CREGBEBB
Any
refund to the customer will be through bank transfer. For this purpose Customer
will provide the IBAN
and BIC by e-mail to the company.
SECURITY
The COMPANY
guarantees that the client's banking information shall be treated
with the utmost confidentiality and shall be protected by the SSL
protocol which automatically checks the validity of the access
rights during bank card payments and scrambles all exchanges so
as to guarantee confidentiality.
The COMPANY
has entrusted its payment system to a company specialising in online
payment security: Ogone e-commerce.
Sensitive information, such as a credit card number, is exchanged
between the client and the Ogone e-commerce site. The COMPANY is
not privy to this information.
When a client's credit card number is encoded, the client is no longer
passing through the COMPANY's servers but via Ogone e-commerce's
protected servers
.
The secure
Ogone platform is certified PCI-DSS, more stringent security standards
in the payment industry.
ARTICLE
8 : Delivery
Orders
shall be processed from Monday to Friday, not including public holidays.
The ordered
products shall then be sent from Grand-Duché du Luxembourg,
within one to six working days following the order confirmation, subject
to
the
availability
of stocks.
The products
shall be delivered in line with the details supplied by the client.
A bill matching the order shall be made out in the client's name and
enclosed with the shipment.
Clients who
do not receive the products they order should notify the COMPANY about
this via electronic media within a reasonable period equal to 30 days
after the receipt of the order, in order for any complaint to be accepted.
E-mails for reporting products have not been received must be sent
to the following address:
The
COMPANY may not be held liable for a delay or delivery problem involving
a force majeure or an event outside its control that makes the fulfilment
of the contract impossible or more costly, on the understanding that
the following are regarded as falling into this category: strikes,
lock-outs, riots, a revolution, a call-up, war, epidemics, official
orders, transport problems, operational disturbances, fires and other
similar cases (although this list is not exhaustive and it is provided
solely for illustrative purposes).
Similarly,
the COMPANY may not be held liable for delays or delivery problems
originating with third parties, such as suppliers, subcontractors,
agents and representatives, who make the fulfilment of the contract
impossible or more costly.
The delivery
operation shall be undertaken as a result of delivering the products
to a transport operator of the client's choosing. This delivery shall
involve transferring the risks to the client, particularly the transport
risks.
Clients may
choose between having their products shipped by standard postal delivery
or via an express service with tracking.
Standard postal delivery:
The
COMPANY may not be held liable for late postal deliveries nor the risks
of items being lost in the post. The choice of delivery system shall
be made at the client's risk.
N.B.:
FRENCH CLIENTS:
It takes an average of three weeks for a package to be delivered
via the French postal system (in order to reduce the waiting time, it
is recommended to use the express service
with tracking).
Exceptionally, for standard deliveries in France, we will use
as possible the sending with 'Lettre Ma'x. This will depend on the size
of the package.
'Lettre Max' permits the tracking on the French post website, but offers,
as well as sending by regular mail, no warranty. Indeed,
no signature will be required. The forma' Lettre Max' was regulated to
enter the mailboxes.
| Postal
rates |
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Austria,
Belgium, France, Luxembourg, Germany, Netherlands, Denmark,
Switzerland, Norway, Sweden, United Kingdom, Ireland, Austria,
Italy, Spain, Portugal, Azores, Andorra, Canary Islands,
Ceuta, Finland, Gibraltar, Greece, Guernsey, Jersey, Madeira,
Man, Mellila, Monaco, San Marino
|
4,20 € |
|
For
the rest of Europe
|
6,20 € |
|
| For
the rest of the world. |
30,0 € |
|
Express
service with tracking:
France:
express service packages with tracking are send with Chronopost.
This service offers tracking of the shipment on the website Chronopost.fr.
Between sending and receiving by the client, average time is + / -
3 days.
In case of absence during delivery, a delivery notice will be deposited
in your mailbox. Your package will wait for you at your post office.
To find the post office, please visit the website to monitor the post
office (address below).
Your tracking number is located in your order history.
Suivi : http://www.chronopost.fr/transport-express/livraison-colis/suivi
Belgium:
packages covered by an express service with tracking are forwarded
via Taxipost. It takes 2 days on average to deliver a package.
Other
European countries:
the COMPANY recommends the services of the DPD
undertaking.
DPD is an express transport operator that specialises in collecting and
distributing packages requiring urgent delivery plus tracking.
In case of absence during delivery, a delivery notice will be deposited
in your mailbox. Your package will wait for you at your post office.
Your tracking number is located in your order history.
Suivi : http://www.dpd.com/
Restrictions:
DPD deliveries are made during office hours and are subject
to acknowledgement of receipt, hence a delivery address where the client
is sure to be
able to receive the packaging during these times must be specified.
Express
delivery with Tracking number
!!!
CAUTION!!!
The service "Express with tracking" is not available for
all the European countries and those apart from the European union.
To know our countries of distribution, please consult the list below.
If the country is not in the list it is that this service is not
available. |
|
| Belgium
(Taxipost) |
6,10 € |
|
|
| Luxembourg,
Germany, Netherlands |
6,10 € |
Sweden |
24,80 € |
| France
(Chronopost) |
7,50 € |
Switzerland |
36,40 € |
| Austria |
8,50 € |
Slovenia |
37,00 € |
Denmark
|
8,50 € |
Slovakia |
34,00 € |
| Finland |
25,00 € |
Spain |
35,50 € |
| Corsica |
56,00 € |
Balearic
Islands |
46,70 € |
| Greece |
57,20 € |
Canary
Islands |
71,90 € |
| United
Kingdom |
17,20 € |
Czech
Republic |
28,10 € |
| Channel
Islands |
38,30 € |
Turkey |
58,40 € |
| Ireland |
23,60 € |
Hungary |
37,00 € |
| Italy |
21,30 € |
Malta |
40,50 € |
| Norway |
24,80 € |
Estonia |
90,00 € |
| Poland |
28,50 € |
Latvia |
90,00 € |
| Portugal |
41,23 € |
Lithuania |
90,00 € |
| Azores,
Madeira |
55,90 € |
Cyprus |
63,50 € |
|
N.B. :
Should a client fail to take delivery of a package when this arrives, the COMPANY
shall not arrange for the reshipment of the package until the client has
remitted the reshipment costs. Should the client fail to do this within 15 days after
requested to do so by the COMPANY, the latter may regard the sale as cancelled,
detrimentally and adversely to the client and retain any sums it might have
already received by way of compensation.
ARTICLE 9 : Right of renunciation
The
client shall be entitled to notify the COMPANY that the client is
abandoning the sale, without penalty and without having to specify
the reasons, within seven working days starting from the day after
the one when the ordered product is delivered.
This abandonment
may not take effect, however, until the client has provided the COMPANY
with electronic notification thereof (at the following address: ),
and unless the product are still in their unsealed and undamaged packaging.
The products have to be sent back within three working days after the
renunciation has been notified.
The costs of
sending back the products shall continue to be chargeable to the customer.
Any
refund to the customer will be through bank transfer. For this purpose
Customer will provide the IBAN and BIC by e-mail to the company.
ARTICLE
10 : Returning a non-conforming product
If the product
delivered has an obvious defect, according to the client, or does
not appear to comply with the order, the client should notify the
COMPANY electronically about the irregularity (using the following
address: ),
within three working days after the delivery of the said product,
and forward the said product, within this same period, at the client's
own expense, by registered post, with a copy of the relevant invoice,
to the following address : sàrl KIGA, Rue de la Halte, 16 à 8715
Everlange, Luxembourg.
As soon as
it receives the returned item and is able to ascertain the irregularity
pointed out by the client, the COMPANY may, according to choice, without
being liable to any compensation or damages and interests, refund the
client the price of the order as well as the return costs, or replace
the product free of charge, sending it to the client within 10 days
after the receipt of the defective or non-conforming product.
The COMPANY
shall be obliged to refuse any returned product if the client has damaged
it or already used it.
Any
refund to the customer will be through bank transfer. For this purpose
Customer will provide the IBAN and BIC by e-mail to the company.
ARTICLE
11 : Intellectual property
Any texts,
comments, illustrations and images featured on the Company's site
are reserved by way of copyright and intellectual property. Any reproduction
in full or part without the consent of the COMPANY shall be formally
forbidden. The sale of the Company's products does not involve any
transfer or assignment of intellectual rights.
ARTICLE
12 : Disclaimer
That the
products offered for sale by the COMPANY comply with Belgian law
has been assessed by the manufacturers of the said products.
The COMPANY shall expressly remind the client that prior to using
the relevant products, the client should refer to the information
featured in the notice, or to their manufacturer's site to see if
there are any counter-indications.
The client
shall expressly relieve the COMPANY of any liability concerning any
material or personal injury related to the use of the products sold.
The COMPANY
may not be held liable in the unlikely event that these products fail
to meet any legal or regulatory requirements in the countries where
they are delivered.
Similarly,
the Company's internet site may feature links to other sites without
the COMPANY being held liable for the content of other related sites
or any other product or service that may be referenced there.
ARTICLE
13 : Protection of privacy
The
COMPANY shall comply with the current Luxembourg legislation in this
area, on the
protection of privacy with regard to the processing of personal data,
as amended by the Luxembourg law.
The COMPANY
shall undertake not to reveal to third parties information provided
by its clients.
The information shall be used solely for in-house administration purposes
and, in particular, without this declaration being regarded as exhaustive,
so as to manage orders, deliveries, invoicing, the client's solvency
and marketing.
The client may consult the information on the COMPANY site for 18 month's
after the client's registration and the information shall then be archived
and no longer available for consultation
A client who
is registered on the Company's site may ask at any time to consult,
correct or delete any personal information the COMPANY has recorded
about the client on the Company's Internet site ("Your Profile")
or
• By
post, fax or e-mail :
KIGA sàrl
Rue de la Halte, 16
8715 Everlange
Luxembourg
Tel. + 352 266 135 33
Fax. + 352 266 135 32
From Monday to Friday by e-mail addressed to 
ARTICLE
14 : Warning and confirmation by the client
The client
shall acknowledge enjoying the legal competence to freely and validly
enter into a contract and acknowledge that the products ordered
are intended for the client's personal use.
When the products
offered for sale are lenses, it should be stressed that the COMPANY
is a contact lens replacement centre selling directly to a client wearing
contact lenses.
As a replacement
centre, the COMPANY sells only contact lenses that have been prescribed
by a professional and that the client is used to wearing without any
discomfort.
By confirming
the order, clients also confirm that the contact lenses they have chosen
are the same as the ones they ordinarily wear without experiencing
any problems and for which they have a valid ophthalmologist's prescription
issued no more than 12 months earlier.
Client's are
urged to have their eyes tested regularly by a specialist and carefully
follow the expert advice about the proper use of contact lenses.
ARTICLE 15 : Applicable law and jurisdiction in
the event of a dispute
These general
conditions are governed by Luxembourg law.
In the event of a dispute the parties shall seek, in good faith, a friendly
agreement thereto.
Should the
dispute continue, any challenge whatsoever shall fall within the exclusive
jurisdiction of the courts.
When the COMPANY
is the plaintiff, it shall reserve the right to institute proceedings
before the court in the jurisdiction of the main registered office,
or the place of business or residence of the client.
IF YOU SHOULD FEEL ANY INEXPLICABLE
DISCOMFORT, WATERING OF THE EYES, SUDDEN CHANGES IN VISION OR RED
EYES, REMOVE YOUR CONTACT LENSES STRAIGHTAWAY AND CONSULT AN OPHTHALMOLOGIST
BEFORE WEARING YOUR CONTACT LENSES AGAIN.
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