Terms & conditions

1. General terms and conditions

The present general terms and conditions of sale apply to all sales of products carried out by KAAI NV. to the consumer. The website and related services are offered by:

Kaai NV
Nationalestraat 91
2000 Antwerp
Belgium

Company number: (VAT-BE): 0682522286

The founders of the company are Helga Meersmans and Ine Verhaert. They have more than 25 years experience in retail and fashion, made a career switch to start up Kaai and are also the managing directors of the company.

E-mail: hello@kaai.eu
Tel: +32 3 435 81 30

Our team is available from 9.00AM-6PM, CET, Monday - Friday.

By using the Website, you expressly accept our Terms of Sales, as well as all other rights and obligations stated on the website.

In order to be valid, each deviation to the present General Terms and Conditions must be a result of a mutual agreement that is recorded in writing.

KAAI NV reserves the right to amend and/or supplement the General Terms of Sales in the future. Any future changes will have no effect on existing product orders and consequential sales contracts.

2. Scope of application

The present Terms of Use govern the rights and obligations of the Parties arising out of the online sales of Products offered on the Sites belonging to KAAI. KAAI provides all its services from Belgium, and the contract between the Parties will be deemed to be performed in Belgium, dispatching to different countries.

These Terms of Use apply to all Products sold on the Sites and prevail over any and all other terms and conditions of KAAI or the Customer. They may only be amended in writing.

3. Capacity in law and acceptance

Anyone wishing to buy the Products from KAAI on the Sites must have the legal capacity or otherwise purchase the Products through their lawful representatives.

The Customer accepts these Terms of Use expressly through the ordering process by clicking on a tick or putting a cross against the words “I accept the Terms of Use”.

The Customer can print these Terms of Use.

4. Offer

The online offer is presented as an invitation to purchase. KAAI is not bound by its online offer. KAAI is doing its utmost to display all products as clearly as possible, by using photos, texts, prices etc. The colors of products seen on kaaibags.com will depend on the monitor from which it is viewed and can vary depending on the monitor. An offer is only valid while stocks last, KAAI can’t guarantee that all items included in the web shop are in stock at the time of your order. In case the item is not available, KAAI will inform you by phone or email, if Kaai is unable to contact you, your order will be automatically cancelled. In such case, all payments that have been made will be refunded within 5 days. No party will be entitled to claim any compensation due to this cancellation.

5. Pricing

Prices may vary from one Site to another, in accordance with any local peculiarities of the country/territory each website serves.

Prices stated during the purchasing process are expressed in dollars and include sales tax and administrative costs.

KAAI reserves the right to modify the selling prices and transport costs at any time, although the Products purchased and costs will always be invoiced at the prices as stated in the order confirmation e-mail, which are the prices that applied at the time of purchase.

All prices towards consumers are indicated in USD and include sales tax. Worldwide shipping is free of charge for orders over $125. Canadian customers will be asked to pay import duties on their order once the parcel has reached the local customs service. These duties depend on the state you live in.

6. Ordering

To place an order, the Customer goes to the Product of his/her choice, chooses the color and size he/she wishes to receive and then clicks on ‘Add to shopping bag’. The said Products will be added to its shopping bag.

The Customer may freely modify the order as long as the Products are in the shopping bag. The price of the Products will be automatically displayed in the shopping bag.

Once the Customer has finished making their selection and wishes to validate the content of their shopping bag and confirm their order, the Customer must identify themselves. Existing Customers identify themselves by logging in, new Customers must fill in the necessary fields to create a Customer account.

The Customer must select a payment method and will enter its billing and delivery address.

Before proceeding to payment, and placing the order, the Customer must accept both the Privacy Policy and Terms of Use, by ticking the checkbox provided.

The Customer will be redirected to a trusted payment provider, Shopify Payments, which will securely process the payment.

Once the payment process is completed, the Customer will see an order confirmation page and will receive, in parallel, a confirmation email sent to the provided email address. All contractual details of the order will be communicated to the Customer in English.

At that point, the order can no longer be modified by the Customer.

KAAI reserves the right to refuse any order that is unusual or placed in bad faith. In addition, we reserve the right to refuse any order from a client with whom there is a dispute concerning the payment of previous orders.

7. Payment

We accept online- payments through: Apple Pay, Google Pay, Mastercard, Maestro, Visa, American Express, UnionPay, Shop Pay, Paypal. The total cost of your items purchased as displayed on the web will be billed to your credit card. As soon as the payment is successful, you will receive a confirmation of the order.

KAAI uses secure socket layers (SSL), by using Shopify Payments service, which secures communications by encrypting all data to and from the site.

KAAI shall only deliver the order as soon as it has received the full payment of all amounts owed by the Purchaser. KAAI always retains ownership of all products ordered until full payment of all amounts due under this Agreement has been made, regardless whether the delivery has already occurred.

8. Delivery

The Products will be delivered to the delivery address as stated by the Customer during the ordering process and following the procedures of the local logistic partner.

KAAI will process every order asap. We do our utmost to deliver your products within five (5) business days after the order confirmation. However, this delivery period is indicative and we cannot give any guarantees in this respect. KAAI will not be held responsible for delays with the couriers.

When your order leaves the warehouse, you will receive a tracking number via e-mail in order to be able to track your order during the transport. In case of delay of the delivery time or if we are not able to deliver the ordered product, we will send you a notification and you will have the right to cancel your order within 10 days after our notification.

KAAI reserves the right to split orders into one or more deliveries as Products are available. Each delivery will be notified by e-mail. Deliveries will be accompanied by a delivery note which also gives details of the Products delivered. The Customer will not bear any additional shipping costs if KAAI decides to split an order into several deliveries.

Should a delivery go missing during the delivery process, and the provisions of this article are complied with, KAAI will send a new shipment entirely at its expense if the Product is still available or refund the value of the order including transport costs.

The risks of loss and/or damage pass to the Customer on delivery to the delivery address mentioned during the ordering process or any other delivery preferences specified by the Customer.

9. Right of Withdrawal

The consumer has the right to withdraw his order or return the products within 30 days after reception of the goods by the consumer. If for any reason you are unsatisfied with your purchase, you can return the goods at a return fee of $50. To be returned in their original packaged condition at your own risk. Only after the returned items have been received and approved by Kaai, the amount of the purchase price will be refunded to the purchaser’s account within 10 days. Import taxes, customs, duties cannot be refunded. The return will not be accepted and no repayment will be made if the product is not returned in the same condition (i.e. the security label is still attached, the protective film on the feet of the bag is still attached, the metal hardware does not have any scratches, the product is unused and still has all original packaging).

If you want to return an order or part of your order, please send an email to hello@kaai.eu with your name and order number and the items you wish to return or call us on: +32 3 435 81 30. You will receive instructions how to send back the goods.

10. Gift cards

How to buy a gift card:

Select a gift card amount
Add the selected card amount to the cart and complete the checkout process
You will receive an order confirmation
The virtual gift card will be sent directly to the inbox of the purchaser after KAAI has received the payment. From here the gift card can be forwarded to the intended receiver or can be print out.

Returns on gift cards:

Gift cards can’t be returned or exchanged for cash
All returned items that were paid with a gift card will be refunded in a newly issued gift card to the purchaser
For items paid by both a gift card and a credit card, you will be refunded on your credit card up to the amount of your initial card payment and the remaining amount will be refunded to your gift card.

How to use the gift card:

If your gift card exceeds the total order amount, the balance will remain available on your gift card
All remaining balances exceeding the value of your gift card must be paid by Paypal, credit or debit card
You can check the balance of your gift card in the account section of shop.kaai.eu
You can’t use a gift card to buy gift cards
You can’ purchase a gift card with a discount code
Your gift card will never expire

11. Warranty

We are committed to ensuring your satisfaction. Here are some important details about our warranty policy:

Legal warranty period:

Every consumer has a legal warranty period of two (2) years. The consumer may rely on this legal warranty if the products delivered do not match the requested or ordered product (non-conformity), in so far as the consumer could not establish this non-conformity upon receipt of the product. Within this warranty period, repair costs are on us. We are glad to also offer you advice and help with repair services after the warranty period.

If you made a purchase through a partnered retail location, please reach out to the retailer directly for any quality-related issues or concerns.

Exclusions

Please be aware that this warranty does not cover damage resulting from normal wear & tear or neglect in maintaining the products in accordance with the vendor’s recommendations.

Additionally, this warranty excludes damage caused by accidents, fires, floods, or other natural disasters, cleaning products or chemicals, contact with sharp or abrasive products, exposure to human fluids, stains or spills, pet-related damage, misuse, or services/alterations made by any party other than KAAI.

Warranty coverage does not extend to items purchased through our Sample Sales.

Color and material variations

Regarding colors and materials, we would like to point out that our leather is a natural product and therefore can vary in color and structure from product to product and even across different collections. These minor variations should be viewed as a unique characteristic, not as a fault. Although most leathers are treated with a water repellent and have an anti-scratch surface (cf. description of the product on the website), they are not water-resistant.

If you are experiencing unforeseen quality issues, we offer several free and easy repair options:

You may email us at hello@kaai.euwith photos of the issue and we will send you a prepaid return label, which you can use to ship the bag to us. We will then work with our preferred repair atelier to ensure your bag is properly fixed. Please note this process takes 4-5 weeks.
Have Your Bag Repaired Locally: If you prefer to have your bag repaired by a cobbler local to you, we will reimburse you up to the amount it costs for repair through our preferred cobbler. You may email us at hello@kaai.euwith photos of the issue and we will send you a quote as to how much we will be able to reimburse, based on the damage to the item.

12. Complaint policy

KAAI provides a two (2) year right to complaint according to the Law of Sales covering defect manufacture and materials registered during normal use of the item. The original invoice must always be included to confirm that the return is within this legal timeframe. All goods are your responsibility until they reach our warehouse.

The right to complaint does not cover defects, damages or wear and tear, resulting directly or indirectly from wrongful use, bad maintenance, violence or unauthorized operations. Complaints regarding defects or faults discovered during normal examination of the item must be communicated to hello@kaai.eu within a 14-day period by sending photos of the issue. KAAI will respond to all complaints within 10-14 days depending on the nature of the problem. Subsequently, items may be returned for one of the following: repair, exchange or if agreed upon reimbursement.

13. Force Majeure

Force Majeure exists if KAAI is, wholly or partially, prevented to accomplish its obligations towards the purchaser by circumstances beyond its control. In In this case KAAI is not obliged to fulfil its obligations. KAAI may suspend its obligations for the duration of the force majeure.

14. Sales for private purposes

Providing the guarantee under article 14 and customer support is important to KAAI.

Therefore, all acts that may negatively affect Customer service are forbidden, including i.e. relabelling the Products, exporting them outside the European Union for commercial purposes.

The sale of Products is for private purposes only, and exclusively reserved to private individuals.

In no case may the Sites be used by professional Customers, regardless of the method of the marketing of the Products. The Products are offered for sale only for the purchase of usual amounts placed by average customers.

KAAI reserves the right to suspend or even refuse to fulfil an order with a Customer if there is a prima facie indication that the order is placed by a professional Customer. The costs incurred by KAAI for the verification of compliance of prohibition of export for commercial purposes outside of the European Union will be borne by the Customer in case of infringement.

15. Our liability

We warrant to you that any product purchased from us through our website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our aggregate liability for losses you suffer as a result of us breaking this agreement, any tort committed by us (including negligence) or our breach of statutory duty is strictly limited to the purchase price of the Product you purchased.

Nothing in these terms limits or excludes in any way our liability (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; or (c) for any matter for which it would be unlawful for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect or consequential losses, or losses which happen as a side effect of our wrongdoing (whether caused by tort (including negligence), breach of contract or otherwise), including but not limited to (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of goodwill; or (f) loss of use.

16. Intellectual property

KAAI is a registered trademark.

KAAI retains all intellectual property and other related rights with regard to the website. These intellectual property rights include copyrights, trademarks, design rights and/or other rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. For this reason and in accordance with the provisions of the Code of the Intellectual Property, only a private use is allowed unless special dispositions are previously made (as using specific elements that KAAI allows to share on social media), following the code of the intellectual property. Any other use is constitutive or counterfeit and sanctioned with the Intellectual document of title except preliminary authorization of KAAI.

#Kaaiwomen

You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, “User Submissions”) to your social media accounts. By posting and uploading User Submissions that you have tagged with #Kaaiwomen or other KAAI brand hashtags, you grant to KAAI NV and its third-party service providers who provide content management services (collectively, the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your KAAI-tagged User Submissions in any manner to be determined in KAAI’s sole discretion, including but not limited to on its webpages, social media pages operated by KAAI, and in its other marketing, promotional and advertising initiatives, in any media now or hereafter known. KAAI may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions. You hereby represent and warrant that (i) you own all rights in and to your User Submissions, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties' use of your User Submissions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold KAAI, the Licensed Parties, and any person acting on KAAI or their behalf harmless from any liability related in any way to the Licensed Parties' use of your User Submissions.

17. Applicable law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Belgian law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Belgium. As KAAI is based in Antwerp (Belgium), all complaints can be presented to the courts of the judicial district of Antwerp.

18. Terms of promotional codes

Promotional codes cannot be used together or in conjunction with any other offers. Promotional codes are not valid on sale items.

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