TERMS AND CONDITIONS

A. Website disclaimer

This website is the property of CHUKWA

Contact details: Sidonie Descheemaeker

Address: Zaterdagplein 4, bus 3, 1000 Brussels, Belgium

E-mail: hello@chukwa.be 

Company number: BE 0640.764.380

By accessing and using our website www.chukwa.be, you expressly agree to the following terms and conditions:

1. Intellectual property rights

The content of this website, including trademarks, logos, drawings, data, product or company names, texts, images etc., is protected by intellectual property rights and belongs to CHUKWA or rightful third parties.

2. Limitation of liability

The information on the website is of a general nature. The information is not adapted to personal or specific circumstances, and can therefore not be considered as personal, professional or legal advice to the user. 

CHUKWA shall make every effort to ensure that the information provided is complete, correct, accurate and up-to-date. Despite these efforts, inaccuracies may occur in the information provided. Should the information provided contain inaccuracies or should specific information on or through the website be unavailable, CHUKWA will make every effort to rectify this as soon as possible.

However, CHUKWA cannot be held liable for any direct or indirect damage resulting from the use of the information on this website.

Should you find any inaccuracies in the information made available through the website, please contact the website administrator.

The content of the website (including links) may be adjusted, modified or complemented at any time without prior notice or notification. CHUKWA does not guarantee the proper functioning of the website and can in no way be held liable for a malfunction or temporary (un)availability of the website or for any form of damage, direct or indirect, resulting from access to or use of the website. 

CHUKWA cannot under any circumstances be held liable to anyone in any direct or indirect, special or otherwise, for damage caused by the use of this or any other website, in particular as a result of links or hyperlinks, including, without limitation, all losses, work disruptions, damage to the user's programs or other data on the computer system, equipment, software, etc.

The website may contain hyperlinks to websites or pages of third parties, or indirectly refer to them. The inclusion of links to these websites or pages in no way implies an implicit approval of their content. 

CHUKWA expressly declares that it has no control over the content or other features of these websites and cannot under any circumstances be held liable for their content or features or for any other form of damage resulting from their use.

3. Applicable law and jurisdiction

This website is governed by Belgian law. In the event of disputes, the courts of the district of Brussels shall be solely competent.

B. Terms & Conditions of CHUKWA’s webshop

1. General provisions

The e-commerce website of CHUKWA, with its registered office at Zaterdagplein 4, bus 3, 1000 Brussels, Belgium and company number BE 0640.764.380 (hereinafter “CHUKWA”) provides its customers with the option of buying products from its webshop.

 These Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). Placing an online order via CHUKWA’s webshop constitutes a formal acceptance of CHUKWA’s Terms and and the  applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicitly accepted beforehand in writing by CHUKWA.

2. Price

All prices listed are expressed in EURO. Due to the classification of CHUKWA as a small enterprise, VAT is not due on the products purchased through CHUKWA’s webshop. Any shipping, reservation or administration fees that are charged will be specified and calculated separately.

The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.

3. Availability

Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for CHUKWA. With respect to the accuracy and completeness of the provided information, CHUKWA is solely bound to an obligation of means. CHUKWA is in no way liable in event of obvious material or printing errors.

If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.

The product selection is valid while stocks last and may at any time be changed or withdrawn by CHUKWA. CHUKWA cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.

4. Limitation of liability

The Customer shall bear the sole and exclusive responsibility for all aspects of the use of the product. To the extent permitted by applicable law, CHUKWA is not liable for any harm resulting from our products, unless in the case of intentional fault.

5. Online purchases

In order to purchase a product, you first add it to your shopping cart. Next, during the checkout procedure, you will be asked for your contact details, shipping details, your choice of shipping options and your payment details. You can subsequently review your order and proceed with your purchase by pressing the “purchase” button. By pressing the “purchase” button, you accept CHUKWA’s conditions.

The Customer can pay by credit card. There are no additional costs associated with this payment method.

In order to guarantee safe online payment and the safety of your personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required.

The purchase agreement is concluded once CHUKWA confirms your order in writing.  The confirmation will follow after CHUKWA receives approval from the issuer of your card. Orders without valid payment by name of the registered cardholder will not be accepted or processed. When you use the bankcard from another cardholder, you confirm you have the permission to use that bankcard to make the purchase from CHUKWA and issue the payment.

CHUKWA is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders. 

6. Delivery and execution of the agreement

Once the Customer places an order, a confirmation email will be sent to the provided email address. Articles ordered via this webshop will be delivered in Belgium.

During the check-out process, the Customer has the choice between two delivery options:

1) “Bpost home delivery”: CHUKWA will pack your order, and send it to the address provided using Bpost delivery services. This delivery options costs 5.25 EUR. CHUKWA does its best ship orders within 24 hours, but asks the Customer to allow up to 3 business days for orders to ship.

2) “Free pick-up @Zaterdagplein 4, 1000 Brussels”: CHUKWA will send an email to the customer, to arrage a mutually suitable pick-up moment at Zaterdagplein 4, 1000 Brussels. This pick-up option is free of charge.

Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to CHUKWA.

The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by CHUKWA. 

7. Retention of title

Delivered articles remain the exclusive property of CHUKWA until the moment the Customer pays for the goods in full. 

If necessary, the Customer undertakes to inform third parties of the retention of title belonging to CHUKWA, e.g. to anyone who would attempt to seize articles that are not fully paid for.

8. Right of withdrawal

The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from CHUKWA.

The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons. 

The right of withdrawal period will expire 14 calendar days after the date on which the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier.  

To exercise the right of withdrawal, the Customer must notify CHUKWA by sending an email to hello@chukwa.be. In this email, the Customer must clearly and unambiguously communicate their decision to withdraw from the agreement. This email must be sent before the withdrawal period has expired.

In any event, the Customer has to send back or hand over the goods to CHUKWA, Zaterdagplein 4, bus 3, 1000 Brussels, Belgium no later than 14 calendar days from the day that they notify CHUKWA of their decision to withdraw from the agreement . The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.

The direct costs for returning the goods shall be borne by the Customer. 

If the returned product is reduced in value in any way, CHUKWA is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods. 

Only articles that are returned in the original packaging, unopened and unused, along with the invoice or sales receipt can be returned. 

If the Customer withdraws from the agreement, CHUKWA shall repay all payments received from the Customer, excluding shipment costs, within a maximum of 14 calendar days of the date that the returned goods have been received by CHUKWA.

CHUKWA shall repay the Customer using the same method of payment as the Customer used in the initial transaction, unless the customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.

9. Guarantee

The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee. 

To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.

For articles purchased online and delivered to the home of the Customer, the Customer must contact CHUKWA’s customer service and to return the product at their own expense to CHUKWA.

Upon detection of a deficiency, the Customer must inform CHUKWA as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided. 

The statutory guarantee is never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.

Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer. 

10. Customer service 

CHUKWA’s customer service can be reached via email at hello@chukwa.be. Any complaints can be sent to this email address.

11. Privacy

The responsible party for processing information, CHUKWA respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal information.

The personal information you share with us is used only for the following purposes: the execution of the agreement entered into, the processing of the order, sending of newsletters, and other advertising and marketing purposes.

You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written request to hello@chukwa.be. If necessary, you can also request the correction of information that is inaccurate, incomplete or irrelevant.

In the case when information is used for direct marketing purposes, you may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can contact us in the aforementioned manner at hello@chukwa.be.

We treat your information as confidential and shall not communicate, rent or sell it to third parties.

The Customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus CHUKWA has no access to your password.

 CHUKWA saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent. 

For more information, we refer to our privacy policy hereunder. If you have any questions about this privacy policy, please contact us at hello@chukwa.be.

12. Use of cookies

During a visit to the website, cookies can be stored on your computer’s hard drive. A cookie is a text file placed by a website server in your computer’s browser or on your mobile device, whenever you visit a website. Cookies can improve your browsing experience because they help websites remember preferences and understand how people use different features. Cookies cannot be used to identify people, a cookie can only identify a machine. 

Please see our cookie policy hereunder for an overview of the types of cookies that CHUKWA’s website uses.

You can adjust the settings on your Internet browser so that cookies are not accepted, that you receive a warning whenever a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this through your browser’s settings (using the help function). Do take into account that specific graphic elements may not appear correctly or that you will be unable to use specific applications. 

By using our website, you agree with our use of cookies.

13. Invalidation - Non-relinquishment

If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions. Failure at any time by CHUKWA to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights. 

14. Proof

The Customer accepts that electronic communications and backups shall serve as furnishing of proof.

15. Applicable law - Jurisdiction 

Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the Brussels district have jurisdiction in the case of any disputes.

C. Cookie Policy

This Cookie Policy describes how CHUKWA uses cookies and similar technologies to help our site run effectively and customize, evaluate, improve, promote and protect our services. If you have any comments or questions about this Cookie Policy, feel free to contact us at hello@chukwa.be.

Cookies

During a visit to the website, cookies can be stored on your computer’s hard drive. A cookie is a text file placed by a website server in your computer’s browser or on your mobile device, whenever you visit a website. The cookie contains a unique code that allows recognizing your browser during the visit of the website (a so-called “session cookie”) or later repeated visits (a so-called “persistent cookie”). Cookies can improve your browsing experience because they help websites remember preferences and understand how people use different features. Cookies cannot be used to identify people, a cookie can only identify a machine. 

CHUKWA’s website uses the following types of cookies:

Functional and Required Cookies

This website uses some necessary cookies that allow visitors to navigate and use key features on the website. For example, functional and required cookies help customer accounts, shopping cart and checkout and URL redirects work effectively.

Analytics and Performance Cookies

This website uses analytics and performance cookies to collect information on how visitors interact with the website. These cookies are used to populate the data in Squarespace Analytics, such as traffic sources, unique visitors, and cart abandonment.

Third Parties 

Third Party Services may use cookies to help you sign into their services from our Services. Any such third party cookie usage is governed by the policy of the third party placing the cookie.

You can adjust the settings on your Internet browser so that cookies are not accepted, that you receive a warning whenever a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this through your browser’s settings (using the help function). Do take into account that specific graphic elements may not appear correctly or that you will be unable to use specific applications. 

By using our website, you agree with our use of cookies.

Google Analytics

This website uses Google Analytics, a web analysis service offered by Google Inc. (‘Google’). Google Analytics uses ‘cookies’ (text files stored on your computer) in order to help the website to analyse how users use the website. The information generated by the cookie about your use of the website (including your IP address) is sent to and stored by Google on servers in the United States. 

Google uses this information to record how the website is used, compile reports about website activities for website operators and provide other services relating to website activities and Internet use. Google is only permitted to provide this information to third parties if required to do so by law or insofar as said third parties process the information on Google’s behalf. Google will not use your IP address in combination with other data at its disposal. 

You can disable the use of cookies by selecting the appropriate settings in your browser. However, we would like to point out that this may mean that you cannot access all the options offered by the website. 

By using the website, you agree to the processing of this information by Google in the manner and for the purposes described above.

D. Privacy Policy

CHUKWA processes personal data in compliance with this privacy statement. For further information, questions or comments on our privacy policy, please contact hello@chukwa.be.

Processing purposes

CHUKWA collects and processes customers' personal data for customer and order management purposes (including customer administration, tracking orders/deliveries, invoicing, solvency monitoring, profiling and sending marketing and personalised advertising). 

Legal bases for the processing

Personal data is processed based on Article 6.1. (a) consent, (b) required for the implementation of an agreement, (c) required to satisfy a legal obligation), (f) required for the protection of our legitimate interest in entrepreneurship) of the General Data Protection Act. 

Insofar as the processing of personal data takes place based on Article 6.1. a) (consent), customers always have the right to withdraw their consent.

Transfer to third parties

Should this be necessary in order to achieve the stated objectives, the customer's personal data will be shared with other companies within the European Economic Area that are directly or indirectly connected to CHUKWA or with any other partner of CHUKWA. 

CHUKWA guarantees that these recipients will take the necessary technical and organisational measures for the protection of personal data. 

Retention period

Personal data processed for customer management will be stored for the time necessary to satisfy legal requirements (in terms of bookkeeping, among others). 

Right to inspection, improvement, deletion, limitation, objection and transferability of personal data 

The customer is at all times entitled to inspect their personal data and can correct it or have it corrected if it is incorrect or incomplete, have it removed, restrict its processing and object to the processing of personal data involving them based on Article 6.1 (e) or (f), including profiling based on these provisions.

Furthermore, the customer is entitled to obtain a copy (in a structured, standard and mechanically readable form) of their personal details and to have said personal details forwarded to another company. 

In order to exercise the aforementioned rights, the customer is requested to:

- Adjust the settings of their customer account; and/or 

- Send an email to the following address: hello@chukwa.be.

Direct marketing

The customer is entitled to object free of charge to the processing of their personal data aimed at marketing. 

Complaints

The customer has the right to file a complaint with the Belgian Privacy Protection Commission (35 Rue de la Presse, 1000 Brussels - commission@privacycommission.be).