General conditions governing relations between Kipiwi and its members
General conditions of sale
Privacy policy
Disclaimer

These general conditions (the “General Conditions”) have been drawn up to define relations between Kipiwi and its Members within the framework of the use of the Site www.kipiwi.com (hereinafter “the Site”) as defined below. Before using the Site and being able to register as Members, Visitors must carefully read these General Conditions and formally consent to be bound by them, as well as the Privacy Policy as they represent the Contract between Kipiwi and its members.

The Site and the Application are proposed by KIPIWI.COM, BP 723, CH-1211 Geneva 13, Switzerland, (hereinafter Kipiwi).
Kipiwi puts the site at the disposal of its Members, as defined below, who have accepted and consented to abide by the General Conditions. These General Conditions may be modified at all times in order, for example, to take into account any legal, case law or technical evolutions, subject to the prior notification of the Members by Kipiwi at least 30 days before the entry into force of the new General Conditions. This notification shall be carried out either on the Site or by means of an e-mail sent to the members. These changes will be effective as soon as they are posted on the Site.

Members are expressly informed that, at all times, the only version of the General Conditions that applies is that which is posted online on the Site, which they recognise and accept without restriction, undertaking to systematically refer to it each time they connect to the Site. Furthermore, the use of the Site may also be subject to directives or special or specific conditions that will be indicated at the time of use.

The General Conditions shall expire at the end of the relationship with Kipiwi. However, certain clauses such as those regarding intellectual property may continue to apply at the end of this relationship.

In these General Conditions, the terms below shall be defined as follows :

Visitors : All persons who occasionally consult the site, who are not registered as Members and who have access to the site content.Members: All capable adults or minors granted parental authorisation to enter into a contract, who, after having read and consented to the General Conditions and privacy policy, have registered and given an Identifier and a password as well as some additional information in the section “My Kipiwi” in order to have access to the functionalities reserved to the Members. Access to certain Services may also be subject to the full and comprehensive acceptance of specific conditions (the “Specific Conditions”). Consent must be given to these Specific Conditions before providing certain Services.

Library : Content that Members post on line in order to use it for the purposes of printing documents within the framework of the Kipiwi Services.

Shared Library : Part of their Library that one Member proposes to the other Members under its responsibility. The unsubscription of a Member shall not stop the other Members from using the Shared Library following unsubscription.

Offensive Content: All content of an unlawful character which may cause damage or distress to any person, which infringes the rights of third parties or which breaches the General Conditions.Offensive Content is considered in particular as :

· providing information that refers to other sites (whether through the creation of hypertext links or through simple provision of information) whose content would be likely to infringe any law and regulation in force, and in particular likely to infringe the rights of persons and property and/or intellectual property rights ;

· content that is damaging in any way for the image and reputation of Kipiwi, its subsidiaries and/or parent company and the managers and/or employees of these companies ;

· the dissemination or spreading of false rumours such as hoax mails or other unsolicited mail phenomena such as junk mail, chain mail, collateral spam or other similar transmission ;

· using the space set aside for promotional purposes and, generally speaking, proposing products and services on a commercial basis for content, products or services ;

· the transmission of incentive messages or allowing any act of computer hacking or hijacking of technical protection measures or information/notices relating to intellectual property rights ;

· the transmission of any information whose content breaches any patent, trade mark, design or registered model, manufacturing secret, intellectual property right or any other property right held by another person ;

 · the transmission of any Content of which the member is not the author within the meaning of Belgian Copyright Law, or for which he has not acquired by transfer all of the intellectual property rights to put this Content on line within the framework of Kipiwi ;

 · the posting on line of photos showing identifiable third parties without having received prior authorisation ;

 · the sending of any content that justifies certain crimes, in particular murder, rape, war crimes and crimes against humanity;

 · the sending, transmission of any message whose content is illegal, threatening, abusive, harassing, libellous, vulgar, obscene, threatening for the privacy of other people,     hate-inducing, racist, anti-Semitic, xenophobic, revisionist, or reprehensible in any other way ;

·  the transmission of any content likely by its nature to undermine respect of the human person and its dignity, equality between men and women and the protection of children and adolescents

· the transmission of any content that could be considered, without being exhaustive, as an incentive to commit crimes and offences, an incentive to suicide, an incentive to   use drugs or banned substances, an incentive to commit attacks, to foster discrimination, hate or violence due to origin, skin colour, gender, sexual orientation, family situation, state of health, handicap, morals, political or philosophical opinions, belonging or non belonging, whether real or supposed, to a given ethnic group, nation, race or religion ;

· the transmission of any content that could be considered as incorrect news, untrue rumours, affecting the authority of justice, court proceedings, as libellous or abusive ;

· the transmission of any content that could be considered as a violation of privacy ;

· the transmission of messages, images or videos of a violent or pornographic character or of a nature to seriously undermine human dignity ;

· the transmission of any content of a paedophile character ;

· that endangers minors in any way ;

· the transmission of any content that shows or encourages cruelty towards animals ;

· more generally speaking, the transmission of any content that breaches laws, public order, good morals and these general conditions.

General conditions of sale : Prior to any order, Members must read and consent to the General Conditions of Sale.

Content : Any content owned by Members, in particular the information, data, texts, sounds, messages, photographs, texts, images and other files created and posted on the Site by Members and representing an original work of the Member within the meaning of copyright.

Prize-winning creations : Content that has been awarded a prize either by the members or by a jury or by any other procedure established by Kipiwi and that will be specifically presented for a given period.
Mail : Used as a synonym of : electronic message, e-mail, electronic mail, mail, “courriel”, or other similar terms.

Moderator : a person designated by Kipiwi who monitors compliance with the General Conditions. The Moderator is responsible in particular for avoiding the publication of pop-up advertising messages, Offensive Content and comments that could be considered as criminal offences. Working in real time, the moderator reacts through warnings and by excluding Members who breach the rules.

Tools : Any software tool used to create, publish and interact posted on line by Kipiwi for the attention of the Members for the purpose of using Services.

Services : All the services provided by the Site, in particular : the hosting, printing, dispatch of ordered products, enhancement and provision of Content, communication between the Members, provision of Tools and more generally any other service proposed by the Site. The Services also include the communications for the destination of the Members such as in particular the administrative messages, the newsletter relating to the Services, etc.

Site : The Web site www.kipiwi.com and/or any other address that is added to it or that replaces it, and referring towards the same site(s).

Identifier : designates the pseudonym (pseudo), as well as any confidential code or password chosen by the Member or attributed by Kipiwi and allowing Members to identify themselves in order to access the Services.  

Only those persons who have duly completed the form posted on line by Kipiwi and who have given their unreserved consent to the General Conditions and Privacy Policy can become Members and benefit from the Services proposed by the Site.

Access to the Services is subject to effective registration as soon as the registration form posted on line has been duly completed and after these General Conditions and the privacy policy have been expressly accepted.

Subject to the denial of access to Services, all registration forms must be correctly completed. All the information communicated must be accurate and complete. Any modification to the information given during the registration of Members must lead to the immediate updating of the registration form.

Generally speaking, Kipiwi reserves the right to refuse registration with the Services without having to give a reason for this refusal.

When registering as a Site Member, Members must create their Identifier that they will have to enter each time they access the Services. Consequently, any use of the Services that are only accessible using this Identifier, will be deemed to have been done by the Member holding this Identifier and the Member shall assume complete responsibility for the uses of the Site made using their Identifier.

Members undertake, under their sole responsibility :

· not to disclose their Identifier to third persons ;

· to only pre register their Identifier on their personal computer ;

· to log off completely after all access via a public computer ;

· to never communicate their Identifier to third parties ;

· not to choose or use the Identifiers of another person with the intention of usurping the identity of this person or for any other reason ;

· not to use a pseudonym or an address that could infringe the rights of third parties in whatever way and whatever the grounds ;

· not to use Identifiers considered as offensive by Kipiwi.

In the event of theft or fraudulent use of their Identifier or if the Members have good reasons to believe that their password is being used by third parties, they undertake to immediately inform Kipiwi.

In any of the cases set out above, Kipiwi may, immediately, without notice or payment of compensation, suspend or cancel the members’ access and deny access either temporarily or definitively to all or part of the Services.

Members who have forgotten their Identifier can click on the link “lost password” and Kipiwi will send a reminder e-mail.

All minors may only register on the Site and use the Services after having obtained the authorisation of their parents or legal guardian(s). These persons shall be responsible for the acts of their child(ren) and must therefore oversee the use made by their child(ren) of the Services and determine whether or not the Services are appropriate for their child(ren).

All Members are free to unsubscribe from the Site and from the Services at any time by going to the “My Kipiwi” space on the site and by clicking on “unsubscribe”. Kipiwi shall unsubscribe the Member within 24 hours of receipt of the mail.

Members’ attention is especially drawn to the fact that in the event of unsubscription, they will lose – if applicable – all the data in their personal space. This information is definitively deleted and cannot be retrieved.

Unsubscribed Members can resubscribe later. However, including in the case of re-registration, the member cannot retrieve the information that used to appear in their personal space.

Kipiwi reserves the possibility of removing the account of any Members that have not identified themselves on the Site over a continuous period of 6 (six) months. In this case, Kipiwi may carry out the deactivation of the Members’ account and the suppression of their data on the servers. In this case, all the data in the personal space will be definitively lost and cannot be retrieved.

Kipiwi reserves the right to deactivate a Member account and to suppress its data on the servers if the Member does not respect the General Conditions or has posted Offensive Content.

In order to facilitate the creation and the management of the Services, Tools will be proposed to the Members by Kipiwi. The Members undertake to respect the technical constraints linked to the use of these Tools.

Consequently, information and instructions on the technical constraints to be respected shall be supplied and updated regularly in the section entitled “FAQ”.

The Tools and the technical instructions are provided “as is”. Kipiwi may not be held liable for the provision of these instructions or for the Tools that it makes available.

Kipiwi reserves the right to control the Content posted on line, whether in the Member’s Library or in a Shared Library and to delete, without prior notice, any Offensive Content and in particular Content that infringes the rights of third parties and in particular intellectual or industrial property rights or image rights. The control is in no way systematic or complete and Kipiwi cannot be held liable if Offensive Content has been posted on line without having been controlled by Kipiwi.

Furthermore, the Members accept that their personal page and its content are referenced via hyperlinks, in text and/or in images, internal and external to the Site that refer directly to the content of their personal page or to any other page deemed appropriate by Kipiwi.

This referencing is mainly carried out objectively by means of an automated evaluation of the number of surfers who have visited the Member’s personal page and its Content.

Once registered, Members have access to the Services.
Kipiwi stipulates that it will make every effort to guarantee permanent access to the Services but that this is an obligation of means. Furthermore, it is possible that access to Kipiwi is limited or even impossible in certain countries or sites.

The equipment required to be a Member and to use the Services in an optimal manner is a computer with high speed Internet access.

The equipment that allows access to the Services, as well as the costs incurred by the Internet communications, are payable by the Member.

The Services are supplied by KIPIWI for an undetermined duration. Members expressly recognise that KIPIWI has the right to cancel as of right without prior notice or warning, without compensation or justification, all or part of the Services.

In the event that Members breach these General Conditions, Specific Conditions or more generally in the event of infringement of the laws and regulations in force, KIPIWI may cancel as of right, without prior notice or warning and without compensation all or part of the Services provided to the Member.

KIPIWI may announce this cancellation without prejudice to any damages and interests to which it could lay claim as a result of these failures and to all penalties owed to it.

Members thus grant KIPIWI the right to restrict its right of access or use to all or part of the Services, and to withdraw all Content of which the Member is the author, and this, with immediate effect and to impose a ban on subsequent access to this Content or these Services.

In the event that Members adopt one of the conducts listed below, Kipiwi reserves the right, without prior notice, to either temporary block their access to the Site or to exclude them from the Site and to block any further use of the Services, without prejudice to any other legal action or proceedings against them.

· give incorrect information, insufficiently precise information, untrue or partial information during registration ;

· use a pseudonym that could infringe the rights of third parties (in particular the use of the patronymic name, of the pseudonym, of the brand of another person or works protected by copyright and/or a neighbouring right);

· use identifiers considered as offensive by Kipiwi;

· in the event that they are minors, subscribe to the Services without the authorisation of their parents or legal guardians ;

· access or try to access the account of another Member ;

· collate, store and disseminate personal data relating to the other Members or any third party ;

· transmit any unsolicited or unauthorised message of a promotional nature (i.e. spam) ;

· transmit any message containing computer viruses or any other code, file or programme designed to interrupt, modify, destroy or limit the functionality of any software, computer, IT system or telecommunication tool of the Site ;

· hamper or disrupt the Services, the servers, the networks connected to the Site ;

· refuse to comply with the conditions laid down, the procedures, the general rules or the regulatory provisions applicable to the networks connected to the Site ;

· carry out any attack on the IT systems implemented for the supply of the Services, including any intrusion or attempted intrusion ;

· transmit any information without authorisation or that constitutes a breach of a legislative, regulatory or contractual prohibition (in particular but not exhaustively : privileged, confidential information or information gathered or disclosed within the framework of an employment contract or a confidentiality agreement) ;

· commit an act of unfair competition as defined by the laws and case law and in particular exploit or more generally make use of the content of the Site that is outside the framework of personal use ;

· usurp the identity of another person or pretend to be another person or entity, including a Kipiwi representative;

· harass in any way another or several other Members ;

· violate, intentionally or otherwise, any local, national or international law or regulation in force as well as the limitations contained in the General Conditions ;

· disseminate Offensive Content.

Kipiwi undertakes to take prompt action to sanction any conduct that is manifestly illegal or manifestly in breach of the General Conditions. While Kipiwi sets out to continually improve the measures against Offensive Content, it is reminded that Kipiwi nevertheless plays the role and has the responsibility of a host within the meaning of the law and is not involved in the publishing process.

All persons who come across Offensive Content have the possibility of notifying Kipiwi of the presence of this content on the Site by selecting the “notification of inappropriate content” option on the Site and in particular on the homepage and by giving the following information :

· The complete identity of the notifier and his contact details ;

· The description of the disputed facts ;

· Their precise location on the Site.

In the event of the notification of disputed facts, Kipiwi shall deploy its best efforts to neutralise this content and shall remove this content should it be considered as potentially illegal. Kipiwi will on no account have to justify its decision to withdraw the content or await any legal decision that could define  whether or not the Content is legal. Kipiwi also ensures the correct use of the creation and interaction tools that it makes available to its Members. Kipiwi reserves the right to inform the legal authorities of all illegal activities that the law requires it to report in the event that these activities are brought to its attention by a Visitor or a Member.

The Site being a service of the information society, all access carries risks that all Members accept in advance. Kipiwi may not be held responsible for any damage suffered during or after browsing on the Site. KIPIWI may not be held responsible for the use made of the Services by the Members. In particular, KIPIWI may not be held liable for the Content posted, put on line, sent, received or transmitted by the Members.

Members recognises that KIPIWI remains free to modify at all times the name or the content of its Services, without this representing a modification of these conditions and without this modification entitling Members to take any recourse.

KIPIWI does not make any undertaking with regard to the performances and modifications of the Services that may be made as a result, in particular, of the quality of the Internet network and/or of the technical configurations.

KIPIWI does not offer any express or implicit guarantee, including, without this list being exhaustive, any guarantee relating to the continuity, performance, continuity, conformity or the compatibility of a Service or a specific usage, to the quality or absence of vice or fault of the Services, to the replacement and non violation of the laws and regulations or of the General Conditions by other Members.

Kipiwi does not accept any responsibility for the information provided to the Members on the Site, when this information is provided by the Members whose content comes under the sole responsibility of the respective suppliers of the information.

Kipiwi in particular does not guarantee the accuracy of the information provided, that is in no way binding on Kipiwi, whose role is limited to the provision of tools, with the exception of the marketing, promotion and presentation messages relating to Kipiwi and of its Services, of the editorial messages posted by members about Kipiwi and any action and content published by the Kipiwi developers and moderators.

All information and in particular any software downloaded by Members or obtained by any other means while using the Services is done at their own risk and peril and they are solely responsible for any damage suffered by their computer or any loss of data following the downloading of these data or the consultation and use of the Services.

No advice and no information, whether oral or written, obtained by the Member or resulting from use of the Services may be considered as providing a guarantee, unless expressly laid down in the General Conditions.

Kipiwi may not be held responsible for any damage caused directly or indirectly by the Member resulting from the publishing of incorrect content or violating a confidentiality agreement or one relating to privacy, or in breach of public order, or damaging to third parties in any way.

Kipiwi assumes an obligation of means in the execution of the Services. Consequently, it may not be held responsible for the operating faults of the Tools solely due to their existence. Members expressly recognise the technical impossibility for the provider to ensure the continuous operation of the Tools and to ensure a total absence of errors.

The Services are mainly intended for physical persons, for personal rather than professional purposes. However, Kipiwi reserves the right to propose the same Services to not-for-profit companies and public law entities according to the terms and conditions to be agreed with them. Kipiwi may only be held liable in the event of serious error and proven negligence in the execution of its obligations and shall be expressly limited to direct damage, with the exclusion of any other indirect damage of whatever nature, in particular operating losses, losses of clientele, losses of brand image.
Except in the case of serious error or proven negligence, Kipiwi may not be held liable for losses of data or files, transmission of corrupt or illegible files or any other damage caused by the transmission of data by or via the Kipiwi servers.

The transfer rates and the response time of the information circulating from the KIPIWI platform towards Internet are not guaranteed by KIPIWI. The Member recognises that the transmission speed of the information does not depend on the Services offered by KIPIWI, but on the characteristics inherent to the electronic communications networks and on the technical characteristics of its method of connection and its Internet access.

KIPIWI does not provide any personalised assistance or hot line. Members can however send comments about the Services to Kipiwi in the space provided for this purpose on the Site, without however creating an obligation of response or processing by KIPIWI.

In all cases, the responsibility of Kipiwi relating to the execution of these General Conditions may not exceed EUR 500.00 per annum and per complaint.

With the exception of the Content, all rights relating to the Site, to the Services and Tools, to the content of the Site, to their original and innovative nature, in particular the intellectual property rights on the texts, literary, graphic, photographic, audiovisual creations, IT developments, the html developments or other works protected by copyright and neighbouring rights and generally all creations likely to be protected by intellectual property rights such as images, logos, formatting, house style, structure, ergonomics, colour codes, typographies, character fonts, basic graphic elements, the graphic organisation of screens, formatting, screen savers and more generally the Site’s visual identity, the sound elements, or the brands and patents belong exclusively to Kipiwi and this without any limitation, or otherwise Kipiwi has obtained an operating licence for the Site and its Services.

KIPIWI grants Members on a personal basis, the non exclusive and non transferable right to use the Services and software that can be related to it, it being understood that they are prohibited (and that the authorisation cannot be granted to any other person) from copying, modifying, creating a derived work, inversing the design or the assembly or by any other means from trying to obtain the source code of the related software (with the exception of the cases laid down by law), sell, award sub-licences or transfer in any way any right relating to the Services or related software.                 

Each Member guarantees that they hold or have all the authorisations required under the intellectual property rights (such as for example copy right, neighbouring rights, brand rights, industrial property rights, etc.) and generally all rights related to its space of creation and publishing and to its Contents allowing all exploitations on all the communication networks, in particular by Internet, bearing in mind that the data on Internet are likely to be disseminated, reproduced and represented by the surfers. Members also guarantee Kipiwi that the Creations do not infringe privacy, the image right and the rights of third parties.

Each Member is also solely responsible for all links, hypertexts or otherwise, that they create. Kipiwi simply provides technical systems and equipment that allow the import of content under the sole responsibility of the Member and on no account may these systems and equipments be used to propose content that does not respect intellectual property rights. In the event that the authorisations obtained by Members include operating restrictions, they undertake to respect them. The Site, all the elements, including the creation and interaction tools, as well as the Services are protected by the Belgian laws and the international agreements on intellectual and industrial property.

Unless otherwise stipulated, Kipiwi does not award any licence or authorisation relating to the intellectual property rights that it has on the Site, its elements or the Services and no reproduction of the Services, whether total or partial, in any form and by any means, is permitted without the prior written authorisation of Kipiwi.

Unless otherwise specified elsewhere on the Site, the use of the documents (forms, logos for example) and information are available on the following conditions:

· the documents can only be used according to the use laid down in the General Conditions ;

· the documents can only be used on a personal basis for information and within a strictly private framework ;

· the documents and information may not be modified in any way ;

The rights granted above represent an authorisation of use and on no account a transfer of rights, property or other, relating to the Site or to its content. Furthermore, the formatting of the Internet Site is not covered by this licence of use. This authorisation may be revoked at all times, in accordance with the General Conditions.

Generally speaking, the Member undertakes to respect the copyright and neighbouring rights and all third party rights and in particular to mention in an accessible manner, the name and title of any beneficiaries and if they exist, to respect the integrity of the technical information protection measures.

Each Member grants a non exclusive, world wide and free licence to Kipiwi to its Content for the reproduction, publication and dissemination on the Site and for the use of the Services and this for the entire duration of the intellectual property. Members grant Kipiwi the right to sub-licence this licence to other Members.

In the event of non-compliant or abusive use, KIPIWI may take all legal measures to put an end to the damage to its intellectual property rights.

All Users undertake to guarantee and compensate Kipiwi, its representatives, employees, partners and/or all third parties against all damage, complaint or demand from third parties following the use of the Services, and in particular relating to the sending, dissemination or the transmission of the Content by the Member on the Services. This guarantee covers the compensation that may eventually be due as well as the lawyer fees and court costs within a reasonable limit.

Kipiwi does not systematically monitor the content of the sites linked to the Site. It cannot therefore be held liable for the content presented on other Internet sites towards which these links refer. Kipiwi reserves the right to delete or not to use any hypertext link in the event that this link refers towards an activity that is illegal or that seriously infringes the rights of the Members.

All communications between Kipiwi and a User shall be carried out electronically. Kipiwi therefore only communicates with the Members by Mail or by posting certain information on the Site.

A.    Definition of Force Majeure.
Force Majeure is considered to be all events that simultaneously meet all the conditions below :

· Unforeseeable ;

· Uncontrollable ;

· Insurmountable.

Including, for example, the total blockage of the means of transport or supply, the total stoppage of the telecommunications networks or difficulties relating to the telecommunications networks, governmental acts or restrictions, fire, flooding, epidemic, quarantine, energy crisis, strikes, social troubles, war, act of terrorism, riots, accidents or shortages.

 

 

B.     Effects of the Force Majeure. Kipiwi may not be held liable by a Member in the event that the execution of its obligation is delayed, restricted or made impossible as a result of the occurrence of a case of Force Majeure.

19.    Independence of the provisions.

In the event that one of the provisions of the General Conditions is declared nil, illegal or unenforceable, the validity, the legality or the enforceability of the remaining provisions may on no account be affected or reduced. Kipiwi shall modify in this case the General Conditions in order for the clause that is the subject of the dispute to be replaced by an equivalent clause.

Failure to exercise or a delay in the exercise of a right or a prerogative that Kipiwi holds within the framework of the General Conditions may not be considered as a waiver of this right or this prerogative.

The Member may not transfer its registration and its acceptance of the General Conditions to a third partner.

The General Conditions represent the complete exclusive agreement between Kipiwi and the Member, for everything that is the subject of this contract and takes precedence over all prior or simultaneous contracts and agreements, whether written or oral, relating to the same object.

The Contract is governed by Swiss law and is interpreted in accordance with Swiss laws. Any dispute or legal proceedings arising from the Contract, not resolved by conciliation or arbitration shall be subject to the exclusive competence of the courts of Geneva, Switserland, in French language, notwithstanding plurality of defendants or impleading of third parties.

General conditions of sale

 

By completing and by validating the order form on the site www.kipiwi.com (hereinafter the Site), it is understood that the Client accepts, without reserve, the General Conditions of Sale below as well as the Privacy Policy.

All orders placed via the Site are reputed to be definitive for the two parties at the end of the successive stages mentioned below.

Kipiwi is only bound by the order placed by the Client on the date of dispatch by Kipiwi of an acknowledgement of receipt confirming Kipiwi’s acceptance to process it.

Notwithstanding the automatic sending of an acknowledgement of receipt, Kipiwi reserves the right not to execute the order, to suspend it while awaiting the confirmation of the Client or to refuse it in the following cases (non exhaustive) :

· Incomplete, incorrect or unreasonable order form ;

· Communication of evidently incorrect data ;

· Non-payment of previous deliveries ;

· Images to be reproduced containing an Offensive Content ;

· Orders relating to a number or an amount that is abnormally high ;

· Delivery to be made to a geographic zone where the risks are unreasonable, either due to lack of reliability of transport or distribution, or due to a case of force majeure (wars, riots, strikes) ;

Kipiwi sends the Client an electronic mail to confirm the order as quickly as possible.
This confirmation includes :

· The complete details of Kipiwi ;

· An email address that allows contact with Kipiwi ;

· The details of the order, including the total price of the order including the taxes and delivery costs ;

· An extract of the terms and conditions of delivery ;

· An extract of the terms and conditions of exercise of the right of waiver if it applies in this case in point ;

· A hyperlink towards the general conditions of sale and the privacy policy ;

· The terms and conditions of recovery or the return of the product, including any eventual costs relating to it ;

· The eventual archiving of the contract concluded and, if necessary, the conditions of access to this archive after placing the order.

The data recorded by Kipiwi represent the proof of all of the transactions made by Kipiwi and its clients. The data registered by the Kipiwi payment system represent the proof of payment of the transactions.

Notwithstanding the other written proof or all proofs recorded on another hard medium to which the consumer may have access, it is agreed that the computerised records conserved in the Kipiwi computerised system or that of its host, may serve as proof of communications and of the content of the orders between the parties.

All the articles proposed on the site are described in good faith and as accurately as possible. The offers and prices are valid on the day of consultation on the site. They can be modified without prior notice. In the case of orders towards a country outside the European Union, the Client is the importer of the product(s) concerned. For all the products sent outside the European Union, the price shall be calculated excluding taxes automatically on the invoice.

In the event that a content proposed by the Client is deemed Offensive within the meaning of the conditions accepted by the Client at the time of registration as a member, Kipiwi reserves the right to refuse the order or to replace the Offensive Content with the content of his choice, which the Client accepts. In this case, the Client may not claim that there is an error with the order.

Customs duties, other local taxes or import duties or State taxes may be payable by the Clients resident outside the European Union. These duties and sums are not payable by Kipiwi. They are payable by the Client and come under his entire responsibility both in terms of declarations and payments to the competent authorities and/or bodies of his country. Kipiwi recommends that the client seeks advice about these aspects from the competent local authorities.  

Subject to the article entitled “VAT”, the prices proposed at the end of the order process show the global prices and include the VAT and the delivery costs. The images presented on the site have no contractual value. The prices are given in Euros.

The Kipiwi range of products and prices are valid as long as they are visible on the site, as long as stocks last. In the event of the unavailability of an article, the Client shall be informed as quickly as possible by email or by mail. Once informed of the unavailability of a product, the Client may cancel the order by contacting Kipiwi.

Whatever the case, Kipiwi may not be held responsible for damage resulting from the unavailability of an article.

The dispatch slip or the purchase invoice is enclosed with the articles ordered at the time of delivery. In the event of an order for exclusively digital products (downloads), the user may request the sending of an invoice by ticking the box provided for this purpose before confirming the order. It is also possible at the time of the order to specify a different address by validating the option provided for this purpose on the order form.

Kipiwi shall ensure that the order is processed as quickly as possible. However, Kipiwi may not be held liable for any delays in the processing of the orders or in their delivery.

In the event that the order has not been honoured within a deadline of 30 days after the sending by Kipiwi of the acknowledgement of receipt, the Client may cancel, without being liable for compensation, as long as it informs Kipiwi by email on info@kipiwi.com or by registered letter. The sums that the Client has already paid will then be refunded within 30 days as from the date of reception of the refund request. In the case of articles delivered at different dates in view of their availability, the delivery deadline is based on the longest deadline. However, Kipiwi reserves the right to stagger the deliveries. The deadlines given on the site are average deadlines and correspond to the processing and delivery deadlines for products sent to Belgium.

 9. VAT

 

Unless otherwise specified, the prices given on the site are inclusive of VAT. It is due, for all the consumers not subject to VAT, resident or with their head office in one of the countries of the European Union. It is due also for the consumers subject to VAT with their head office in Belgium.

Consumers subject to VAT with their head office in another country of the Union and who wish to be delivered in this country, shall be invoiced exclusive of VAT. However, it will be up to them to declare this import, in order to respect the fiscal regulation of their country of establishment.

In all cases, the consumers subject to VAT are required to declare their VAT number on the order form. Kipiwi reserves the right to suspend the order in the event that this information is not communicated or should the number transmitted prove to be incomplete or mistaken.

 

10. Dispatch costs

 

The dispatch costs that the Client must cover are communicated on line, at the time of the order. Generally speaking, they will be calculated in accordance with the number of articles that make up the order. The delivery costs are payable by the Client and are added in the invoice, to the price of the product(s) ordered. If Kipiwi staggers deliveries for reasons of availability, the contribution to the processing and dispatch costs shall only be invoiced for one single dispatch. 

11. Damages and losses

 

In accordance with the Belgian law on trading practices and consumer protection, the cost of the risks of damage or losses falls to the remote sellers. This means that if the product received does not correspond to the article that the Client has ordered or if it is damaged, it is possible for the Client to return it to Kipiwi within a deadline of 7 days after receipt. Kipiwi shall exchange the product or shall refund the amount of the order as well as any dispatch costs incurred, within a deadline of 30 days after receipt of the returned article. Kipiwi however reserves the right to refuse, to refund the products returned when they are damaged by the Client. Generally speaking, an order is deemed to have been delivered within 5 working days following the handing over of the articles to the carrier in charge of delivery.

If however, one or several ordered product(s) do not reach the Client within a deadline of 30 days after confirmation of the order, to the delivery address communicated, it is up to the Client to contact Kipiwi, within a reasonable deadline, by email to info@kipiwi.com to check the status of the order. In the event that it transpires that the merchandise sent has been lost during the delivery process, Kipiwi shall carry out a new dispatch or refund the amount of the order including the dispatch costs incurred.

 

12. Right to waive the contract

As the products ordered on the site are personalised and carried out at the request of the Client, this paragraph shall not apply. Furthermore, this paragraph shall not apply for the products to be downloaded.

Only in the case of orders for non personalised products proposed by Kipiwi, for which the right of waiver will be possible, this possibility shall be proposed to the Client and the paragraph that follows shall apply.

In accordance with Belgian law on trading practices and consumer protection, the Client, as a consumer, has a deadline of 7 working days, after the date of delivery of the order, to notify, if the case arises, that he wishes to waive the purchase. This waiver notification may be carried out by email, fax, or registered letter. The return(s) of product(s) concerned by the Client takes place within a deadline of 3 working days as from the sending of the email to info@kipiwi.com or the registered waiver letter.

Kipiwi refunds, as from receipt of the returned products, the amount of the order concerned, as long as the product(s) concerned are in perfect condition. The dispatch costs incurred to return the product(s) returned are payable by the Client.

 

13. Payment

As a general rule, the orders placed via the Kipiwi sites are payable by credit card, via a secure server or by transfer. In the event of credit card payment, an authorisation request shall be submitted at the time of the order, from the Client’s financial institution. For the products for which a right of waiver is possible, the order of entry, i.e. the effective payment, shall only take place at the earliest 8 days after the dispatch date of the articles that is part of the order.

In the event of non payment at expiry, a fixed contractual indemnity shall be due as of right of 15% (fifteen per cent) of the balance remaining, with a minimum of 50 EUR. Furthermore, without any notice being necessary, a late interest of 12% per annum shall also be due as from the day of the expiry and until the day of the complete payment, in addition to all the court costs and fees. Kipiwi remains owner of the goods sold up until the complete payment of the price. In the event of staggered deliveries, only the sums corresponding to the products sent are debited.

14. Disclaimer, privacy policy and general conditions for members

By placing an order on the site, the Client recognises and accepts having read, understood and accepted the disclaimer and the Site’s privacy policy Furthermore, by becoming a Member, the Client has accepted the general conditions that come with membership.

The disclaimer, the privacy policy, the general conditions for members and these general conditions of sale represent the complete contract between Kipiwi and the Client.

 

15. Liability

Kipiwi may not be held liable for an insufficient printing quality linked to the low resolution of the images proposed by the Client, for the non execution of the contract concluded in the event of stock shortages or unavailability of the product, of force majeure, total or partial disruption or strike, in particular of the postal services and means of transport and/or communication, flooding, fire.

Kipiwi may not be held liable for indirect losses resulting from these conditions, loss of operation, loss of profit, loss of opportunity, damages or costs.

 

16. Languages

Kipiwi proposes the online order procedure to the buyers in three languages (French, Dutch, English).

 

17. Archiving

The contracts concluded via the Kipiwi site shall be archived by Kipiwi but are not made available to third parties.

 

18. Disputes

All disputes relating to the use of this site shall be exclusively governed by Swiss law. The courts and tribunals of Geneva shall be solely competent in the event of dispute.