— LEGAL MENTIONS —

GENERAL TERMS AND CONDITIONS

Clause   1 – Identity of the vendor
Clause   2 – Applicability and Conditions
Clause   3 – Our offer and your order
Clause   4 – Right of withdrawal
Clause   5 – Price
Clause   6 – Payment
Clause   7 – Conformity and warranty
Clause   8 – Delivery and execution
Clause   9 – Force majeure
Clause 10 – Intellectual property
Clause 11 – Complaints procedure and conflicts

PRIVACY & COOKIE POLICY

— GENERAL TERMS AND CONDITIONS 

CLAUSE 1: IDENTITY OF THE VENDOR

AMKINA

Vale ouwepad 3, 8084 DA 't Harde, the Netherlands
Email address: info@amkina.com
KVK: 63419076
VAT : NL855227515B01

CLAUSE 2: APPLICABILITY AND CONDITIONS

  1. Our terms and conditions are applicable to every offer from us as a webshop to you as Consumer (every natural person who, for non-occupational purposes alone, purchases or uses a good or service made available on the market).
  2. We deliver exclusively in the following countries:

ANDORRA, ARGENTINA, ALBANIA, ALGERIA, ARMENIA, AUSTRALIA, AUSTRIA,  AZERDBEIDJAN, BAHAMAS, BAHRAIN, BARBADOS, BELARUS, BELGIUM, BELIZE, BOLIVIA, BOSNIA HERZEGOVINA, BULGARIA, CAMBODIA, CANADA, CHILE, COLUMBIA, COSTA RICA, CROATIA, CYPRUS, CZECH REPUBLIC, DENMARK, DOMINICAN REPUBLIC, ECUADOR, EGYPT, EL SALVADOR, ESTONIA, FIJI, FINLAND, FRANCE, FRENCH POLYNASIA, GEORGIA, GERMANY, GREECE, GUATEMALA, GUYANA, HAITI, HONDURAS, HONG KONG, HUNGARY, ICELAND, INDIA, INDONESIA, IRELAND, ISRAEL, ITALY, JAMAICA, JAPAN, JORDAN, KAZAKHSTAN, KENYA, KOREA, KUWAIT, LATVIA, LITUANIA, LEBANON, LUXEMBOURG, MACAU, MALAYSIA, MALTA, MAROCCO, MEXICO, MOLDOVIA, MONACO, NAMIBIA, NEW CALEDONIA, NEW ZEALAND, NORWAY, OMAN, PANAMA, PARAGUAY, PERU, PHILIPPINES, POLAND, PORTO RICO, PORTUGAL, QATAR, ROMANIA, SANTA LUCIA, SAUDI ARABIA, SENEGAL, SERBIA, SINGAPORE, SLOVAKIA, SLOVENIA, SOUTH AFRICA, SPAIN, SRI LANKA, SURINAME, SWEDEN, SWITZERLAND, TAIWAN, TANZANIA, THAILAND, THE NETHERLANDS, TRINIDAD, TUNESIA, TURKEY, UNITED ARAB EMIRATES, UKRAINE, UNITED KINGDOM, URUGUAY, USA, VENEZUELA, VIETNAM

  1. If you submit a delivery address outside of this country, we reserve the right to decline your order.
  2. To be able to place an order, you must be above the age of 18. If you are younger than 18, we ask you to let a parent or legal guardian place your order. If it comes to our attention that an order is made by a minor, we reserve the right to decline your order.
  3. Placing an online order on the website constitutes a formal acceptance of our terms and conditions, which are always available through our website.
  4. If you ordered online, we provide you in addition and together with the order confirmation or at the latest on delivery with a copy of these terms and conditions in a format that you can save or print. We moreover recommend that you always do this.
  5. If in addition to these terms and conditions, additional special conditions apply, the above applies also to those special conditions. You as consumer can always invoke to your advantage the most preferential text if our terms and conditions would be contrary to the above special conditions.
  6. English is the language used for every contract information to pursue the order on the website.
  7. The products purchased in www.amkina are directly sold by AMKINA. We don’t sell second hand flowed or lower quality products

To use our services, you would need to register first, providing us personal information. Please refer to our privacy policy.

CLAUSE 3: OUR OFFER AND YOUR ORDER

  1. We explicitly state in our offer when the latter is only valid for a constrained period of time or is subjected to specific conditions.
  2. We always describe as complete and accurate as possible what we sell to you as well as the course of our delivery process. The description is in any case sufficiently detailed to allow you to make a proper assessment. If we make use of graphics, they are a true reflection of the offered goods and services. However, to error is human and if we are clearly mistaken, we are not obliged to deliver to you.  The products offered for sale on anndemeulemeester.com may not exactly correspond to the real garments in terms of image, colours due to the Internet browser or monitors used.
  3. Your order is complete and the contract between us is final once we confirm your order by mail and regarding your payment made by credit or debit cards, as soon as we receive approval from the issuer of your card. We accept Visa, Mastercard, Bank transfer, Bancomat, Maestro, Should the issuer of your card refuse to agree on your payment to us, we cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Orders without valid payment by name of the registered cardholder will not be accepted or processed.
  4. In order to purchase a product, you add it to your shopping basket. Afterwards you submit your contact details and billing data. Next you choose you preferred way of delivery: the delivery to a certain address with fast or standard delivery process. In the final step you are led to an overview page, you accept our terms and conditions and you confirm your payment by pressing the “Pay” button, with the caption “order with payment”. If you have completed these steps, your purchase becomes final.  A confirmation email is sent to you as a receipt of the purchase orders, which contains the terms and conditions of sales. You therefore agree on terms of use, terms of sales and privacy policy
  5.  Before informing customers of final delivery dates, we shall inform the customer of the unavailability of products ordered within 14 days from the day after we received the order.
  6. We do carry products available to ship from our warehouse. From time to time we may offer some pre orders for which customer could place advanced payment.  This will ensure customer priority on this product as soon as received in our warehouse.  Customer rights on those pre orders are the same as any other orders placed on our website.  Please note that if the pre order product does not meet our conformity standard, we will immediately inform the customer via email and refund the pre order payment placed within thirty days.
  7. Our virtual gift cards are subjected to the same General Terms of Sales as any other products offered through the website. The virtual Gift Cards are valid for 6 months from date of purchase, can be redeemed against all products on anndemeulemeester.com. They are not transferable, may not be returned outside the conditions of the standard right of withdrawal under clause 4 of these General Terms of Sale or redeemed for cash. If the order exceeds the value of the Gift Card, all remaining balances exceeding the value of the gift credit or store credit must be paid by credit or debit card. In case of return of products purchased using a Gift Card, the remaining balance will be credited to the customer account as store credit and will be redeemed against subsequent orders. Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch. We are not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.

CLAUSE 4: RIGHT OF WITHDRAWAL

  1. If you buy goods from us, you have the right to decide that you do not want to keep the goods within 14 days from the delivery. You can then return your order without penalty and without giving any reason (the cost of return is to be paid by you). Within 14 days after reception of your returned order or your indication that you wish to forgo the agreement, we will pay you back the full purchase price, by the same means of payment which you utilised for the purchase.
  2. We can refuse repayment as long as we have not received the returned goods or until you have shown you have returned the goods, depending on which event occurs first.
  3. We expect you to handle the order as well as the packaging with the utmost care during the first 14 days after delivery. If you want to return the goods as described above, you may only unpack or use them to the extend needed to assess whether or not you wishes to retain them. Returned goods may be tested, but not used. When returning the goods, you will also have to return all delivered accessories and – if reasonably possible – return the goods in their original condition and packaging as well as taking in account our instructions as listed below.
  4. The products may be returned by dispatching the package through the carrier used when placing the order or through another shipping agent or postage method. As advised by our company returned products may be shipped by the package delivery company UPS, using the electronic label sent via e-mail after filling up the return form. if you use UPS, our company will be pre-paying the shipping costs and track the package at any time. Please contact ups to organise pick-up. If you decide to use a different shipping courier or other postage method than the one provided by our company, you will have to pay for the cost of return shipping upfront and will be responsible in case of loss or damage to the merchandise during transport in accordance with our returns instructions.
  5. In order to return the goods, you need to complete the return form available on our web site in your personal account area (which would detail customer’s name, order number, article reference, customer and provider full addresses of deliveries). Do this by accessing your account and selecting the item in the order you wish to return by clicking on the « return» button in order for us to provide you with a return number and the pro-format invoice completed with the details written above.  You would need to print the shipping label and 3 copies of the Pro-format invoice and add them on the shipping box. Once the warehouse has received the returned products and we have checked that the returned products meet our requirements, you will receive an e-mail that the returned products have been accepted with your credit note. You will then be refunded following the payment method of your original order within 14 days upon receipt of your return in our warehouse.
  6. If you have fulfilled all requirements set above, the company will refund the entire price for the purchased products within 14 days. Should you decide to use the courier indicated by our company and with the online return form, you will not have to directly take care of the return shipping costs, which are at your expense. In this case, our company will pre-pay the return shipping costs for you and will deduct from your refund the cost of shipment.
  7. Please note that the following returns won’t be accepted: health protection or hygiene sensible products, one of a kind product, limited editions or clearly personalized items.

CLAUSE 5: PRICE

  1. During the period we mention in our offer, our prices do not change, except for price changes resulting from changes in VAT rates.
  2. Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period. If you are a customer whose credit/debit card is not denominated in Euros, United States Dollar, British Pound, Australian Dollar, Yen, Korean Dollar Won, or in Hong Kong Dollar, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
  3. Most countries are shipped to on a DDP (Delivery Duty Paid) basis, all relevant import taxes and duties will be included in the product price. The Dutch VAT is included for all European Countries and VAT is not applicable for all other non-european countries. 
The following countries are shipped to on a DDP (Delivery Duty Paid) basis:

Australia, Austria, Bahrain, Belgium, Bulgaria, Canada, Chile, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hungary, India, Ireland, Italy, Japan, Jordan, Kuwait, Latvia, Lituania, Luxembourg, Malaysia, Malta, Monaco, Netherlands, New Zealand, Norway, Oman, Philippines, Poland, Portugal, Porto Rico, Qatar, Romania, Saudi Arabia, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Thailand, United Arab Emirates, United Kingdom, United States of America, Venezuela

If a DDU (Delivery Duty Unpaid) destination is selected, product prices displayed are exclusive of all taxes and duties, as well as Dutch VAT. The customer is liable for all import duties, customs and local sales taxes levied by the country of destination; payment of these is necessary to release the order from customs on arrival.

In case of a return product, there will be no refunds of tax and duties.We can decide to charge you with the shipping costs on top of the purchase price.In that case, we notify that always before you definitely place your purchase. In that case, we notify this to you prior to the definitive confirmation of your order.

CLAUSE 6: PAYMENT

  1. We only accept advance payment through our website using the payment methods indicated there.
  2. In order to guarantee safe online payment and the safety of your personal data, the transaction data will only be wired while encrypted with SSL technology thanks to our partner Ingenico. In order to make payments with SSL no special software is required. You recognize a safe SSL-connection by the “lock” in the bottom status bar of your browser.

CLAUSE 7: CONFORMITY AND WARRANTY

  1. We guarantee that our products are in accordance with your order and meet the normal expectations you may have taking into account the specifications of the product. We also guarantee that our goods are in accordance with any at the moment of your order applicable law.  We have made every effort to display as accurately as possible the colours and shapes of our products. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
  2. As a consumer and under Dutch consumer protection laws, you dispose of a statutory 2-year warranty period on goods purchased from us if this good is faulty. During this period and within the legal limits, we provide for the free replacement or repair of goods showing a defect covered by the statutory warranty. Goods are faulty if they are damaged when you receive them or if a manufacturing default occurs within the legal warranty period. Items that are damaged as a result of a normal wear and tear are not considered to be faulty.To the extent of what is possible or reasonable, you have a choice between replacement or repair. Only if replacement or repair is excessive or impossible, or impossible to deliver within a reasonable time, do you have the right to a reduction or to demand the dissolution of the contract of sale.During the first six months, you can in all cases call upon the guarantee. Afterwards you have to prove that the defects in the goods are not caused by abnormal use.

CLAUSE 8: DELIVERY AND EXECUTION

  1. All goods and services are delivered to the address provided by you when ordering.
  2. When a good is in stock it will be delivered to the delivery address within a period of 2 to 5 working days. We will inform you of the delivery period in your order confirmation.
  3. If we are not able to deliver on time, we will always notify you before the end of the delivery period.  If we do not, you can cancel your order for free. In that case we will refund you within 30 days after dissolution of the agreement.
  4. The shipment of goods and gift vouchers is always at our risk. So you do not have to worry about goods lost during transportation. If you, however, return goods to us within 14 days after delivery because you prefer not to keep them, you will be responsible for the transportation.
  5. If the delivered goods were damaged during transport, do not correspond to the goods mentioned on the delivery note or do not correspond to the goods you ordered, you have to report this as quickly as possible and in any case within 3 days. Subsequently, you have to send the goods back within 14 calendar days after deliveryYou have to use the  enclosed “return form” for this. If you have any questions while filling in this return form, you can contact one of our employees on this email address: info@amkina.com. We cannot be held responsible for any consequential damage suffered due to late delivery or non-delivery by the transporter assigned by the company. In such cases our liability remains limited to the value of the goods of which it is shown that they were not received by the customer.

CLAUSE 9: FORCE MAJEURE

  1. In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.
  2. Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties.

CLAUSE 10: INTELLECTUAL PROPERTY

  1. Our website, logos, texts, photographs, names, and in general all our communications are protected by intellectual property rights either belonging to our suppliers or us or other claimants.
  2. It is forbidden to use and/or change any of the intellectual property rights as described in the present clause. So you may not copy nor reproduce for example drawings, photographs names, texts, logos, colour combinations, etc. ...without our prior written and explicit consent.

CLAUSE 11: COMPLAINTS PROCEDURE AND CONFLICTS

  1. We do hope that all our customers are always 100% satisfied. If nevertheless you would have complaints concerning our services, please do not hesitate to contact us at info@amkina.comWe will do the utmost to deal with your complaint within 7 days.
  2. All contracts we conclude with our customers are, regardless of their place of residence, exclusively governed by Belgian law. Only the courts of Belgium are competent to adjudicate with disputes arising out of or connected to these contracts. If as a result of international law the law of a different country applies, the interpretation of the current terms and conditions will in the first instance be done in accordance to the Belgian Law on Market Practices and Consumer Protection as incorporated in the commercial Law code (Westboek Economisch Recht).

— PRIVACY & COOKIE POLICY —