Copyright © Kyboka 2022
TERMS & CONDITIONS KYBOKA BV 2017
1. Applicability
1.1 / These Terms and Conditions, including its appendices (hereafter referred to Terms and Conditions) are applicable to all offerings, orders, with or without via prescription, from KYBOKA BV, (hereafter referred to Kyboka) and to all agreements concluded with Kyboka.
1.2 / The Terms and Conditions of Kyboka are available on the website of Kyboka (www.kyboka.com)
1.3 / Kyboka reserves the right to make additions or changes unilaterally and without pre notice to these Terms and Conditions.
1.4 / Any deviations and / or additions to these Terms and Conditions, including its appendices, may only be based on an express written agreement with Kyboka.
1.5 / The applicability of these Terms and Conditions is excluded, unless expressly agreed otherwise in writing.
1.6 / Kyboka is authorized to engage in the execution of an agreement intermediaries and third parties in which case all rights and claims as in these Terms and Conditions and any additional written agreements stipulated for Kyboka also be stipulated for engaged by Kyboka intermediaries and other third parties.
1.7 / Any natural or legal person (hereinafter also referred to as “Customer” or “Backer”) that will be placed in a contractual relationship with Kyboka accept these Terms and Conditions by using the website Kyboka, including the webshop and then or by accepting an offer of Kyboka or placing an order or pre-order with Kyboka.
2. Order & Agreement
2.1 / Customer may come into the possession of Kyboka products by ordering via the Kyboka webshop (www.kyboka.com), by email (shop@kyboka.com) or directly at events and markets.
2.2 / For purchases and orders via subscription, pre-order and/or backing, see Art. 3.
2.3 / All offers and quotations are without obligations and free of charge.
2.4 / Kyboka reserves the right to change offerings, prices or to withdraw these.
2.5 / Offers are valid while stocks last.
2.6 / Kyboka is free to refuse deliveries, in which case Kyboka will inform the Customer about its motivation by e-mail or otherwise within 10 days after placing the order.
2.7 / An order is placed, as all required information is entered in the appropriate input screens made available on the website or order form of Kyboka and if the related purchase confirmation is electronically received by Kyboka.
2.8 / A contract is formed when Kyboka has accepted the order and sent a confirmation email to the email address as specified by the Customer.
2.9 / The Customer and Kyboka agree that pursuant to paragraph 5 and 6 of this Article that a purchase or pre-order contract which has only come about with the help of electronic communication is binding and that the lack of a signed paper document does not alter this.
2.10 / Kyboka puts utmost care in providing accurate and complete information on all of its communication channels. Kyboka can not guarantee that all offers and products are in accordance with the information provided (especially in the field of color deviations may occur). Any deviations are, in principle, no argument for the provision of compensation and / or terminate the agreement.
3. Pre-ordering & Backing
3.1 / These terms apply only in the event Customer supports Kyboka financially via pre-ordering products which have to be manufactured (Such Customer will hereafter referred to”Backer”).
3.2 / When the Backer submits a pre-order, the Backer is fully aware and agrees that financing the manufacturing process includes a higher level of risk, such as, but not exclusively, longer delivery times.
3.3 / The Backer agrees to fund Kyboka up to delivery of the cart(s) to the Backer, or up to the moment Kyboka has resold the product(s), in the event the Backer cancelled the pre-order.
3.4 / At any time after completing the pre-order process the Backer can upgrade the pre-order via email backers@kyboka.com.
3.5 / The Backer can cancel the pre-order via email backers@kyboka.com.
3.6 / Kyboka accepts cancellations only before the moment it has send out a shipping order to a carrier to deliver the order to the Backer.
3.7 / A full refund of the pre-order will cover the paid amount, including shipping costs, only when the Backer complies to Art. 3.3.
3.8 / When the Backer wants to claim a refund earlier than described in Art.3.3, the Backer will get a penalty of at least €100 with a maximum of 15% of the total due amount to cover the expenses, including, but not exclusively, currency changes and payment service fees.
3.9 / Kyboka has the sole right to abort the project. In such scenario the backer gets a full refund of the paid amount minus the costs of currency changes and payment service fees.
3.10 / The Backer can’t claim any interest when not agreed upfront in written consent by both Kyboka and the Backer.
4. Prices & Payments
4.1 / All prices on the Kyboka website are in euros (€) (including Dutch legal VAT of 21%).
4.2 / As long as no agreement has been reached, Kyboka is free to change prices or its terms.
4.3 / The Customer can pay the items selected in the webshop via one of the payment options as listed on the site. Based on the outcome of an address credit check payment options can be locked.
4.4 / Special offers are only valid for the duration indicated in the offer. Offers may vary by medium, region or country.
4.5 / Delivery costs are not included in the item price. Delivery costs are calculated per order. Depending on the size of the order, the payment method, the delivery address and speed, the costs are on the Customer’s account. Pick-up is only possible by appointment.
4.6 / The Customer is the amount payable as stated in Kyboka’s confirmation by e-mail as mentioned in article 2.6 of these Terms and Conditions plus any delivery cost. Kyboka is entitled, even after the conclusion of the agreement, to correct obvious errors (e.g. incorrect additions, etc.) in the quotation.
5. Delivery
5.1 / Delivery times will only commence upon receipt at Kyboka after full and proper order and the full amount due. The delivery times are indicative only, crossing the indicated delivery times are not grounds for cancellation of the order or termination of the agreement.
5.2 / If the delivery time is longer than 60 days, the Customer is entitled to cancel free of charge within 7 calendar days, with the exception of Pre-orders (See Art. 3).
5.3 / In principle, all items shown in the Kyboka shop are in stock. In case this is temporary not the case, Kyboka will inform through the website or otherwise about its delivery time(s).
5.4 / Items will only be delivered to the address specified by the Customer at the conclusion of the agreement or be picked up by appointment.
5.5 / Delivery occurs when the items as ordered will be receipted by (or on behalf of ) the Customer. The risk relating to the items ordered will pass to the Customer once the ordered items will be delivered at the delivery address or picked-up in person.
5.6 / Kyboka determines via which carrier the ordered items will be delivered.
5.7 / Kyboka reserves the right to deliver in installments, the Customer should not bear additional costs.
5.8 / If Kyboka delivers incorrect or incomplete orders, the Customer is obliged to report this to Kyboka within 7 days of receipt of the items. Kyboka will correct the delivery on Kyboka’s account.
6. Exchange & Returns
6.1 / If delivery of the ordered items (whether or not as a result of transport) exhibit obvious defects, the Customer should report this to the employee of the carrier or directly to Kyboka and refuse receipt.
6.2 / The Customer must inspected the items thoroughly upon receipt. When applicable, defects have to be reported immediately, and within two days of receipt by email to: shop@kyboka.com
6.3 / For deliveries under contracts that have been established through the Kyboka website or by email, the buyer can return these items within 14 days upon receipt.
6.4 / If the condition of a returned item is as brand new, i.e. equally to one after viewing in a store and equipped with the original labels and tags, Kyboka will as soon as possible but no later than 30 days after receipt by Kyboka, only refund the item price to the buyer. Damaged or used items can not be exchanged.
6.5 / For returns the Customer must make use of the undamaged original packaging. A copy of the original invoice must be included.
6.6 / Returns are at the expense of the Customer.
6.7 / Not or incomplete postage due returns are not accepted by Kyboka.
6.8 / For returns Customer must use the transporter as appointed by Kyboka.
6.9 / For any damage (including theft or loss) on returns Kyboka is not liable.
6.10 / Service deliveries, such as the supply of spare parts, are excluded from the right to return.
7. Warranty
7.1 / Kyboka guarantees the product purchased in respect of any material or workmanship for one year after delivery.
7.2 / If the product after purchase or during the warranty period (under normal use as described in the manual of the item) shows defects associated with assembly or materials used, notification has to be made to Kyboka after discovery of the defect within two weeks through an e-mail to: support@kyboka.com.
7.3 / If it is demonstrated that the reported defects and the warranty as expressed in this article is applicable, Kyboka (at its sole discretion) will proceed to repair and / or replacement. The owner of the item is obliged to designate Kyboka Service for recovery. Besides said repair Kyboka has no obligation to any other compensation and can not be addressed for that.
7.4 / Any transport / or research costs associated with defects in items covered by the warranty, shall be on the account of the owner of the item.
7.5 / The guarantee does not apply if the defect was caused due to disrespecting the instructions of the item accident, neglect, abuse, rental, competition situations, commercial use, or due to normal wear and tear during everyday use.
7.6 / Repairs and modifications should only be carried out following the instructions given in print, e-posts or word by Kyboka, in all other cases void the warranty.
7.7 / The warranty does not cover damage or removal of the serial number of the article. The warranty is void if there has been lightning, damage by moisture or other external causes or mischief.
7.8 / The warranty is not transferable to another owner.
7.9 / To make a warranty claim, the first owner should show the original purchase receipt.
7.10 / These provisions include any guarantee of Kyboka and its authorized service centers.
8. Liability
8.1 / The owner of a product supplied by Kyboka is obliged to indemnify any claims that third parties may claim, based on the delivery, the ownership or use of the product.
8.2 / Kyboka’s liability, on any grounds whatsoever, is limited to a maximum of the value of the product purchased. Any other or further liability is excluded.
8.3 / Kyboka is not liable for consequential and/or business damages or damages, indirect damages and loss-or turnover.
8.4 / Kyboka is not responsible and / or liable for misunderstandings, incorrect or delayed transmission of orders and other communications as a result of the use of the Internet or other means of communication.
8.5 / Kyboka is expressly not responsible and / or liable for the content and / or use of any web pages referenced through links on the website Kyboka.
9. Reservation property
9.1 / The actual delivery of products takes place at the time the Customer or a third party on behalf of the buyer, the product takes delivery of the carrier or of any Kyboka employee. The risk in respect of the products supplied shall pass to the buyer at the time of the actual transfer as defined above.
9.2 / The ownership of the products passes to the Customer when the buyer has paid pursuant to any agreement with Kyboka he owes Kyboka including partly but not limited to the payment of interest and costs relating to any and all other deliveries.
9.3 / The Customer may not sell products, charge, alienate or otherwise tax before ownership of the products has passed to the buyer.
9.4 / Kyboka is at all times authorized to (let) take its belongings back without notice of default is required.
10. Intellectual property
10.1 / All intellectual property rights of products and statements regarding Kyboka’s products, including but not limited to the website of Kyboka, vested in Kyboka.
10.2 / Customer acknowledges the intellectual property rights of Kyboka and declares to be aware that the Customer is prohibited to use the intellectual property rights of Kyboka without the prior written consent of Kyboka.
10.3 / Under intellectual property rights in this article include patents, copyrights, trademark rights models, but other whether or not patentable technical or commercial know-how, drawings, software, methods and concepts.
11. Protection of personal & Creditors
11.1 / Kyboka treats and processes the data from Customer confidentially and in accordance with the applicable Dutch laws and regulations, as well as the Kyboka Privacy Statement.
11.2 / The Customer’s information is stored and passed on to service providers of Kyboka to the extent necessary for the performance of the contract and the completion of the order.
11.3 / Addresses and order information are used by Kyboka solely for its own marketing purposes unless the Customer objects at any time.
12. Miscellaneous
12.1 / Colours and designs of components in different shipments can slightly differ, this creates no warranty, no right to terminate the contract or entitled to any other claim on Kyboka.
12.2 / Due display settings on the website of Kyboka displayed colours differ from reality, this creates no warranty and no right to dissolve the agreement. See our website Disclaimer.
13. Company information
Kyboka BV
Kempensebaan 73
5613 JC Eindhoven
Netherlands
Tel: 06-36163211
Rabobank 1504.88.580
Rabobank IBAN NL48RABO0150488580
Chamber of Commerce: 17258453
BTW: NL821189281B01
14. Force majeure
14.1 / In case of force majeure Kyboka has the right to suspend or terminate the agreement without the intervention of the courts. To the extent possible given the force majeure, Kyboka will notify the Customer by email, telephone or in writing.
14.2 / Force majeure in this article means any circumstance which prevents Kyboka fully meet its obligations to the buyer to satisfy and which circumstance humanly possible Kyboka can not be accountable for. These include, but not exclusively, acts of God, war, fire, power failures, (ICT) failures, strikes and failures at Kyboka supplier’s site.
15. Partial revocation, Law & Jurisdiction courts
15.1 / In the event that one or more provisions of these Terms and Conditions or any other agreement with Kyboka wholly or partially is in conflict with the law, than these articles (or parts of it) will be canceled and replaced by similar, established by Kyboka, provisions that are permissible within the law. The remaining provisions shall remain unaffected.
15.2 / These Terms and Conditions and all offers, orders, agreements and deliveries which these Terms and Conditions apply to, only Dutch law is applicable.
15.3 / The applicability of the Vienna Sales Convention is expressly excluded.
15.4 / All disputes are resolved, preferably in consultation. If this is not possible, all disputes relating to or arising from the application of these Terms and Conditions, offers and deliveries by Kyboka or agreements concluded with Kyboka will be submitted to the competent court in ‘s Hertogenbosch, unless the law explicitly another court as authorized designates.
15.5 / Rights can only be derived on the basis of the Dutch version of these general Terms and Conditions.
Kyboka BV 1/ 07/ 2017
APPENDIX A
WINNING A CART – Campaign 2017
A0. Definitions
A0.1 / A VIP is a private or legal person who signed-up during a sign-up campaign via a form on our website or Facebook page.
A0.2 / A Backer is defined in Art. 1.7 and Art. 3.1 of the general Terms & Conditions.
A0.3 / A ticket is a paper with the Backer’s name on it.
A1. Application
A1.1 / These Winning A Cart Terms and Conditions are applicable to the lottery event organised by Kyboka during the pre-order campaign in 2017.
A1.2 / The lottery will come into effect as soon as Kyboka collected 500 pre-ordered carts.
A1.3 / The lottery can not be entered after reaching 500 pre-orders.
A2. Who can win
A2.1 / Only backers can win a cart.
A2.2 / Any natural or legal person can become a backer after one has pre-ordered a cart and completed the full payment.
A2.3 / When a backer cancels the order Backer will be excluded from winning a cart, and looses the right to claim any prize.
A3. The prize(s)
A3.1 / Backer can win his/her pre-ordered cart.
A3.2 / Backer can win only 1 cart.
A3.3 / The prize is a refund only of the paid price equalling the cart of Backer.
A3.4 / Shipping costs are not included in the prize.
A3.5 / The refund will be done at the time the winner’s cart is in transit to Backer.
A4. How to acquire tickets
A4.1 / For every pre-ordered cart Backer will get 1 ticket.
A4.2 / VIP’s can earn extra points using the buttons on the thank-you-page, via sign-ups and visits of VIP’s friends.
A4.3 / Only after earning a total of 100 points or more VIP will get 5 more tickets in the bowl.
A4.4 / Only the VIP’s share-score will count to get the bonus of 5 tickets.
A5. How does it work
A5.1 / A bowl will be used to collect all the tickets of all Backers.
A5.2 / For every 100 pre-orders 1 winner will be drawn, up to a total of 5 winners.
A5.3 / When multiple tickets from a single Backer are drawn, only the first ticket is the winning ticket.
A5.4 / In the event a Backer has pre-ordered multiple models, an additional model-draw will be done to pick the winning one.
A5.5 / The draw will be done blind folded.
A6. Miscellaneous
A6.1 / As soon as Kyboka has reached 500 pre-orders, Kyboka will announce the day and time when the draw will take place.
A6.2 / Correspondence about the organisation, the procedure or outcome of the lottery will not be possible.
A6.3 / Local lottery tax fees may be applicable and will be on the account and risk of the winner.
A6.4 / Kyboka has the right to end new entrees.
A6.5 / For unforeseen events that will or might jeopardise the lottery, Kyboka has the right to intervene.
Kyboka BV 1/ 07/ 2017
