The company KOSHA BY AB, Rue Cloqueau 16 - 1380 Lasne, company register under number 0678725925 has an online webstore and service for the retail of activewear and yoga clothes.
By using www.feelkosha.com website you are agreeing to the following Terms & Conditions contained within this notice. You agree that at any time and any associated entities may change the service. You further agree that KOSHA BY AB shall not be liable to you or any third party for any amendment, suspension, or discontinuation of the service or interruption in access to the www.feelkosha.com.
In order to contract with KOSHA BY AB you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. KOSHA BY AB retains the right to refuse any request made by you.
ARTICLE 1 : CONFORMITY AND AVAILABILITY OF PRODUCTS
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.
If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be KOSHA BY AB or may in some cases be a third party. Where a contract is made with a third party KOSHA BY AB is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
a) Our Contract: when you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
b) Pricing and Availability : whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT.
The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
c) Payment Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fullfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
Each KOSHA BY AB product is made by professional manufacturers of the sport sectors. The colors may vary considering the artistic finishing and printing technic. Variations in color may occur between the photos presented on the website and e-shop and the product you receive once your order is delivered. The quality of the colors in each photo presented to you via the website will depend on the quality of your computer and/or device and your screen. The photos presented to you via the website are strictly indicative and do not represent an exact replica of the product itself.
ARTICLE 2 : PERSONAL DATA
The information we collect about you in order to process your order will only be used lawfully in accordance with Belgium’s 2012 Personal Data Ordinance. KOSHA BY AB will not willfully disclose any confidential information without your prior permission and your details will not be passed onto a third party for their use in promotional purposes.
KOSHA BY AB will not share any of your information with parties outside our organization except to the extent required by law, police, court order or as requested by other government or law enforcement authorities.
Your personal details may only be disclosed to other reputable third parties only for the purpose of processing your order. KOSHA BY AB requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable Belgium Data Protection or Consumer Legislation.
By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
ARTICLE 3 : PAYMENT AND REASSURANCE OF PAYMENT
All orders on KOSHA BY AB are to be paid directly using a debit or credit card through Paypal. Your debit or credit card will be charged for the whole amount of the purchase, plus the cost of delivery, on the commencement of the order.
Rest assured that the security of your personal data is our highest priority. All credit card payments are processed through Paypal which utilises a 128-bit SSL security system.
The padlock icon on the edge of your browser window indicates areas of the site that are secure. Click the padlock for more details.
We do not store credit or debit card details after an order has been processed. This information will be destroyed once the transaction is completed.
ARTICLE 4 : DELIVERY
Delivery periods do not begin to run before the KOSHA BY AB accepts (“Acceptance”) an Order. A delivery period begins to run as of the date when the last of the following occurs:
Receipt by the KOSHA BY AB of all information necessary for execution of an Order; and/or
Receipt of an Order’s installment payment
ARTICLE 5 : PLACE OF DELIVERY AND ASSUMPTION OF RISKS
Unless otherwise stipulated with the Buyer when an Order is accepted, the KOSHA BY AB will deliver the Products “FCA (Free Carrier) from our sites, packing costs being invoiced in addition” (International Chamber of Commerce, Incoterms 2010).
All risks of loss or damage to the Products are assumed by the Buyer from the moment they are placed at its disposal by the KOSHA BY AB at the agreed upon place of delivery and within the time stipulated in the Order. From that moment on, as between the KOSHA BY AB and the Buyer, the latter will bear the risks of delay, loss or damage caused, for example, by any carrier, whether or not related transportation of the Products has been arranged by KOSHA BY AB.
In the absence of instructions as to the place of delivery, or in case of impossibility of dispatching the Products for reasons independent of the KOSHA BY AB ’s will, delivery will be deemed to occur upon notice of the Product’s availability, the Products thereupon being at the Buyer’s disposal in the KOSHA BY AB’s buildings, with all risks of loss or damage bearing on the Buyer, and the KOSHA BY AB reserving the possibility of invoicing storage expenses.
Unless otherwise requested by the Buyer, KOSHA BY AB will select the means of transport considered most convenient and economically sound for dispatching the Products on behalf of the Buyer, without any kind of responsibility being incurred by the KOSHA BY AB as a result thereof.
ARTICLE 6 : DELAY OF DELIVERY
Delivery dates may be extended for any cause beyond the KOSHA BY AB ’s control making it impossible to meet contractual performance deadlines. Examples of such causes beyond the KOSHA BY AB ’s control include events such as labor strikes, embargoes, accidental injuries, tool malfunctions, riots, wars, fires, natural disasters, and other events of a similar nature such as bad weather, supply difficulties, accidental production stoppages, unforeseeable market trends, and so on. It is expressly agreed that no such force majeure event beyond either Party’s control may relieve the Buyer from its primary obligation to make timely payments to KOSHA BY AB in accordance with the Contract.
Unless expressly agreed otherwise by the Parties, the phrase “delay penalty”, or other similar phrase, shall mean the compensation owed by KOSHA BY AB as liquidated damages for harm to the Buyer caused by a delay of delivery. If the Parties agree upon a delay penalties clause, such clause shall not apply to the related and entire Order but only to the Products affected by a delivery delay.
A delay penalty clause included in an Order shall always apply: only to a delay exclusively attributable to KOSHA BY AB or its subcontractors; only after prior written notice by the Buyer; and only after the expiration of a fifteen (15) calendar days grace period, beyond the contractual delivery date, within which such a delay penalties clause shall be inapplicable. The maximum of any such penalty for delayed delivery of Products shall never exceed five percent (5%) of said Products’ Order price, before taxes. Moreover, any such delay penalty clauses shall always be deemed Buyer’s sole and exclusive remedy in respect of said delay and to exclude any other compensation of whatsoever kind and on whatsoever legal ground.
In no circumstance shall a delay of delivery be deemed to justify the termination or cancellation of an Order.
ARTICLE 7 : QUALITY – RECEIPT – RETURN – COMPLAINT
The Buyer shall be presumed to have taken delivery of the Products within fifteen (15) days of the initially agreed upon delivery date. Thereafter, the Buyer shall be presumed to have accepted the Products with all possible defects apparent therein.
Any complaint must be addressed to the KOSHA BY AB ’s sales manager in charge of the Buyer’s Order, or to the person in charge of quality control at the factory that delivered the Products. Any Products returned by the Buyer must be addressed to the KOSHA BY AB ’s factory that delivered the Products. The Buyer shall bear all risks concerning the return of any Products until it finally arrives in the KOSHA BY AB ’s factory.
Any claimed defect must be established by evidence. If the Products are found to be defective, KOSHA BY AB reserves the right to cure said defect(s) by any one of the three following modes: (a) by replacing the defective Products to the Buyer; (b) to refund it.
You have fifteen days to return and exchange an item starting from the delivery date.
To return the product you must send the product back to the following address:
KOSHA BY AB, Rue Cloqueau 16, 1380 Lasne Belgium.
The returned item must be intact in its original packaging. If traces of the product having been used our found on the product, we will not replace the product or refund it.
The return/replacement/refund form HAS to be returned with the product. This document will be fulfilled and sent with each purchased product. Please detail the reasons for your return.
We do make refunds within the 15 working days after receipt back of the product(s).
The return transport fees are to be paid by the buyer.
If a product is dicounted, the product can not be refunded.
In periods of Sales, no purchased products will be refunded.
There are no exchanges operated by the seller. The buyer needs to place a new order on the website, upon availability of products.
ARTICLE 8 : GUARANTEE AND CIVIL LIABILITY
KOSHA BY AB’s responsibility is limited to delivering Products in conformity with the plans and technical manual agreed to by the parties.
KOSHA BY AB ’s responsibility shall in no case extend either to design or definition of components of the Products, as the Buyer shall, in any event, bear the entire responsibility for the industrial result of the Products, including responsibility for errors or omissions in technical specifications, criteria or standards. Unless expressly agreed otherwise in writing, all responsibility for choice of Products is incumbent upon the Buyer.
In the event a Product is found defective, KOSHA BY AB shall be responsible only with for repair or replacement of that specific Product, pure and simple, by implementing logistical means as to which it shall be the sole judge, without any other form of recourse or compensation against KOSHA BY AB. Excluded from all guarantees are defects or damages resulting from storage or use of Products by the Buyer or its customers under conditions either anomalous or not in conformity with accepted norms. Any repair of a Product, including one found defective, done without KOSHA BY AB’s prior consent, shall result in loss of all guarantees, as well as of any right of recourse against KOSHA BY AB. The guarantees defined above cover only repair or replacement of delivered Products found defective by the KOSHA BY AB after return of said Products by the Buyer, and all charges for transport, packing, assembly, disassembly or other ancillary costs remain the Buyer’s burden. KOSHA BY AB will not accept return of any Product without filled document provided in the package.
In no case may KOSHA BY AB be held responsible for indirect or consequential damage ultimately suffered by the Buyer, including but not limited to loss of use, loss of product, loss of profit or business interruption.
KOSHA BY AB is hereby and expressly exonerated from all contractual liability resulting from the Buyer’s failure to timely provide all items KOSHA BY AB needs for proper execution of the Order, or from the Buyer providing the wrong items to KOSHA BY AB, thereby preventing execution of the Order as agreed. In such a case, the Parties will meet and discuss the terms of an addendum to the Order intended to rectify the situation, bearing in mind the need to modify the Order’s price and/or delivery dates.
Saved where a clause of guarantees or penalties would be mutually agreed upon at the time of the Order, the amount for repairs which the Buyer or any other person may demand from KOSHA BY AB for Products used in the nuclear field, (in zone irradiated), which are found to be defective after decontamination, will be calculated by excluding indirect losses, particularly commercial and financial losses, all expenses of decontamination, the added expenses for work in an irradiated zone, or prolongation of delivery dates owing to the nature of such work. The Buyer shall, in the final customer’s stead, take charge of these expenses. The allegedly defective parts will be decontaminated before their return to KOSHA BY AB , the Buyer taking charge of the decontamination expenses, as aforesaid.
KOSHA BY AB shall in no event be responsible to anyone for nuclear damage, wherever it may occur, and whether to persons or to material objects, allegedly caused by defective Products originating from the KOSHA BY AB. The Buyer will take all necessary measures, within the legislative framework of the country where the Products may be installed, to ensure that no recourse may be pursued against the KOSHA BY AB for any such damage. In the event such recourse is sought against KOSHA BY AB, the Buyer will hold the KOSHA BY AB harmless, substituting itself for the KOSHA BY AB to pay any sum, of whatever size, comprising principal together with interests and costs.
ARTICLE 9 : DISCLAIMER OF WARRANTY
Access to this Web Site is provided to our customers and prospective customers “as is” and “as available” and without warranty of any kind, whether express or implied, including but not limited to, those of merchantability, fitness for a particular purpose, title or non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. KOSHA BY AB reserves the right to block or deny access to the Web Site to anyone at any time for any reason.
ARTICLE 10 : COMPLAINTS
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any complaints or comments.
ARTICLE 11 : JURISDICTION
We control this Web Site from offices within Belgium. We do not imply that the materials published on this Web Site are appropriate for use outside of Belgium. If you access this Web Site from outside of Belgium, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Web Site shall be governed by the laws of Belgium, without giving effect to its conflict of laws provisions.