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Terms and Conditions

1. Overview and definitions

1.1. These are the General Terms and Conditions of Service of Kaomoji V.O.F.

Name of company: Kaomoji V.O.F.
Registered at Veilingweg 67, 3981PB Bunnik, The Netherlands
E-mail address:  info@kaomoji.co
Chamber of Commerce (KvK) number: 71340181
VAT number: NL858676941B01

1.2.1 These Terms and Conditions are applicable to the usage of this website and to any concluded remote agreement between Kaomoji (“we”, “us”, “our”) and a customer (“you”), such as when a product is purchased.
1.2.2. Before the agreement is concluded remotely, the content of these Terms and Conditions will be provided to you electronically in such a way that you can easily view them and store them.

Please read through our Terms of Conditions below, make sure to contact us through the customer service form or through our contact details if you have any questions.

2. Privacy

2.1 Your privacy is important to us and we take care of collecting and processing it.

2.1.1 Kaomoji collects Personal Data and Usage Data to properly provide you with the services we offer.
2.1.2. Data is processed in the Kaomoji office and retained only for as long it is needed for its purpose.
2.1.3. Some third parties may have access to your Personal Data as Data Processors, and we make use of Cookies to track Usage Data.
2.1.4 You have the right to access, correct, delete, or verify the accuracy of your Personal Data, as well as to object to Data Processing at any time.

For more detailed information regarding privacy and the collection and processing of Personal and Usage Data, please see our Privacy Policy.

3. Accuracy, Completeness, and Timeliness of Information

3.1 Kaomoji is not responsible for information made available on the site which is not accurate, complete, or current. Any reliance on the material on this site is at your own risk.

3.1.1 Our Site may contain certain historical information. Historical information is not current and is provided for your reference only, such as old collections.
3.1.2 There may be information on our Site which contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

3.2 We reserve the right to modify the contents of this site at any time, but we have no obligation to update, amend, or clarify any information on our site, except as required by law.

3.2.1 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
3.2.2 A specified update or refresh date applied on the Site or on related sites or media accounts should not be taken to mean that all information on the Site or on any related website has been modified or updated.

3.3. Kaomoji cannot guarantee that all product images exactly reproduce the actual color or shape of the products.

3.3.1 We do our best to present the products as realistic as possible, however, the color settings may differ on different computers and thus affect the color shown on your screen.
3.3.2. Clothes might have been pinned to fit the model.

3.4. Kaomoji has the right to change the assortment without further notice and has the right to remove items before you place your order.

3.5. Kaomoji may be out of the office due to personal circumstances, which may cause a delay in order processing, and respond to e-mails, for instance regarding returns, refunds, or complaints.

3.5.1. Kaomoji will notify you when they are out of office for an extended time through e-mail or a notification on the website.

4. Intellectual Property

4.1. Kaomoji is registered at the Chamber of Commerce (KvK) and trademarked at the Benelux Office for Intellectual Property (BOIP), World Intellectual Property Organisation (WIPO), and the United States Patent and Trademark Office (USPTO).

4.1.1. This means that “kaomoji” is legally registered and established as representative of the Kaomoji company.

4.2. The Kaomoji website and all parts thereof, including but not limited to texts, designs, and photographs, with the exception of certain hyperlinks to third parties, are the property of Kaomoji.

4.3. All intellectual property rights related to the website and all parts thereof (such as the offered products) rest with Kaomoji, insofar as these rights do not belong to third parties.

4.3.1. Kaomoji’s intellectual property rights are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.4. Without the prior approval of Kaomoji, the website, parts of the website, information obtained from the website, products displayed on the website or other material displayed on the website must not be disclosed, reproduced, stored or offered for sale, in any shape or form.

4.4.1. When products, information or images from the website are displayed are offered for sale without approval from Kaomoji, a take-down notice will be sent to you.
4.4.2. You are responsible for complying with the notice. If the takedown notice is not complied with, legal action may be taken.

5. Price & Payment

5.1 The prices indicated on the Website are inclusive of Value Added Tax (VAT) and are exclusive of shipping costs and customs taxes or duties.

5.1.1 The prices indicated on the website are indicated in Euros.
5.1.2 Kaomoji reserves the right to correct the mentioned prices on the Website, Webshop and/or in the confirmation mail, in case of errors (including printing and typing errors) or the correction of omissions.

5.2 The current shipping cost is stated below the pricing at the checkout.

5.2.1. Shipping costs may vary per country.
5.2.2 The return shipping costs will be paid by the consumer.

5.3 If you are in possession of a valid discount code, you can enter the code in the provided box on the order form.

5.3.1 The discount applies to the Product(s) and not the delivery charge.

5.4 The total purchase price due will be indicated when the order is placed and when the agreement is confirmed.

5.4.1 The total purchase price is automatically converted from Euros to your payment currency. Kaomoji has no influence over the automatic conversion of currencies on our Website.

5.5 Payment may be made using the methods indicated on the Website and are secured with payment fraud protection and a secure internet connection.

5.6 Unless otherwise specified, you must pay the amounts owed within 14 days after the conclusion of the agreement (when you have made your purchase).

5.6.1 If you do not fulfill your payment obligation within 14 days, Kaomoji will remind you of the late payment and give you a period of 14 days in which to still comply with his payment obligations.
5.6.2. If you do not comply (fully or partially) with the payment obligation(s) within the given time, you will owe statutory interest on the owed amount if payment has not been made during this 14-day period.
5.6.3. Kaomoji will have the right to charge you for the extrajudicial collection costs incurred by Kaomoji.

5.7. Kaomoji may be out of the office due to personal circumstances, which may cause a delay in order processing and response to e-mails, for instance regarding payments, returns, refunds, or complaints.

5.7.1. Kaomoji will notify you when they are out of office for an extended time through e-mail or a notification on the website.

6. Delivery & Shipment

6.1 Kaomoji delivers orders worldwide.

6.2. Kaomoji designates the carrier for shipping.

6.3. Delivery Time

6.3.1. Processing time may take up to 7 business days.
6.3.2. There may be processing delays due to circumstances, which may take up to 4-6 weeks.
6.3.3. Shipping time depends on the country, customs inspections and postal delivery practices, and may take between 1-21 business days within Europe, and 10-45 business days outside of Europe.
6.3.4. Kaomoji is not responsible for shipping delays due to external circumstances.
6.3.5. You are responsible for entering the correct shipping address and contacting Kaomoji if any changes in shipping information occur.
6.3.6. If the package cannot be delivered and is returned to sender due to an incorrect address, you will need to pay the shipping cost again to resend your package.

6.4. Shipping costs

6.4.1. Shipping costs depend on the country the delivery is sent and may range from 6-35 EUR within Europe, and 22-35 EUR outside of Europe. See Shipping & Delivery for more details.
6.4.2. The shipping rates may differ when in the checkout, depending on the weight of the package.
6.4.3. Import taxes and duties may apply upon delivery.

6.5. Track and Trace

6.5.1. Track & trace is available for all items, except those which are shipped within small envelopes or mailbox packages. These are not traceable and are not secured for damage or loss.
6.5.2. A track & trace confirmation is sent to the given e-mail address when you made a purchase. You are responsible for entering the correct e-mail address.
6.5.3. The track & trace e-mail is sent when the shipping label is printed. The package itself may be shipped to your address between 1-5 days later.
6.5.4. Packages will be re-labeled at the sorting center in your own country and handed to your local postal carrier, leading to a change is tracking code, as further detailed in the track & trace e-mail you received.
6.5.6 If your parcel is stuck at one place for longer than 25 business days, or if you haven’t received your package within 30 days (within Europe) or 45 days (outside of Europe), please e-mail us as soon as possible at support@kaomoji.co. If you don’t report it to us, we can’t help file a claim with the carrier to find your package.

6.6. The risk with respect to any damage to or loss of the products will be transferred to you from the moment the products are delivered to you.

6.7. For more detailed shipping and delivery Information, see Shipping & Delivery for more details.

6.8. Kaomoji may be out of the office due to personal circumstances, which may cause a delay in order processing, and respond to e-mails, for instance regarding returns, refunds, or complaints.

6.8.1. Kaomoji will notify you when they are out of office for an extended time through e-mail or a notification on the website.

7. Return & exchange

7. Returning products.

7.1 You have a right to return the product until 14 after you have received your order.
7.1.1. It is your responsibility to contact Kaomoji by e-mail when you want to request a return.
7.1.2. After 14 days we cannot guarantee that the refund will be accepted. We strongly recommend that you arrange your return within 7 days of receiving your order to ensure that it arrives at our office within 14 days.
7.1.3. Items must be returned unworn, unwashed, undamaged and unused with their original packaging and tags.
7.1.4. Returns of sale products are not allowed.

7.2. Return shipping is at your expense.

7.3. The risk with respect to any damage to or loss of the products during the return will be transferred to you from the time at which the products are delivered.

7.4. Refunds

7.4.1. You can request a refund at support@kaomoji.co.
7.4.2. You may only receive a refund if you have returned the goods to Kaomoji within 14 days.
7.4.3. Kaomoji will refund the total amount paid, including the paid shipping costs.
7.4.4. Kaomoji will refund the purchase price of the product as quickly as possible to the account used to purchase the order, but in any event within 14 days after kaomoji received the returned product.

7.5. You cannot exchange the returned product for another product.

7.5.1 If you wish to purchase another product, you will have to place a new order on the website.

7.6. In case you received a faulty or defective product, the item will be checked by Kaomoji.

7.6.1 This must be notified during the 14 days return right. If later, the consumer is not covered by our warranty policy.

7.7. Kaomoji may be out of the office due to personal circumstances, which may cause a delay in order processing, and response to e-mails, for instance regarding returns, refunds, or complaints.

7.7.1. Kaomoji will notify you when they are out of office for an extended time through e-mail or a notification on the website.

8. Termination of this agreement

8.1. These Terms of Service are effective unless and until terminated by either you or us.

8.2. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

8.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

8.4. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

9. Notification of Changes

9.1. You can review the most current version of the Terms of Service at any time at this page.

9.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

9.3. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

10. Complaints

10.1. The contact details of kaomoji to handle complaints can be found by clicking on the ‘contact’ page.

10.2. The consumer will be obliged to inspect the product when it has been delivered and to notify kaomoji within a reasonable term in the event that there are any visible defects or other complaints regarding the performance of the agreement.

10.2.1 Kaomoji will respond to any complaints that it receives within a term of 30 days after receipt of your order.

10.3. You as consumer acknowledge that minor deviations and deviations that are generally considered acceptable in respect of the quality, size, color, finishing, etc. of products cannot be avoided or are difficult to avoid and do not constitute a well-founded reason to submit a complaint.

10.3.1. Such complaints and complaints regarding the removal of certain products from the Website are not well founded.
10.3.2 Kaomoji will not be liable for any damage that the consumer sustains as a result of such deviations or the removal of such products from the Website.
10.3.3. The consumer acknowledges that clothing coloring can fade with use and time.

10.4. Kaomoji may be out of the office due to personal circumstances, which may cause a delay in order processing, and respond to e-mails, for instance regarding returns, refunds, or complaints.

10.4.1. Kaomoji will notify you when they are out of office for an extended time through e-mail or a notification on the website.

11. Taxes and Duties

11. If you live outside of the European Union you may be responsible for duty taxes.

11.1. Once your order leaves The Netherlands, upon arrival at your country, it will go through Customs Clearance and tax duty assignments. After that, your post office will sort and deliver the package to your purchase order’s shipping address.
11.1.1 As a buyer and a citizen, you are responsible for any requirements from your government regarding the merchandise that you ordered.
11.1.2 Due to international Customs regulations, the declared values of your merchandise must match the purchased prices, or your package will not be released to you until duty tax is paid.

12. Applicable law and jurisdiction

12.1. Agreements, and all non-contractual obligations arising therefrom, between Kaomoji and the consumer to which these General Terms and Conditions apply, are subject exclusively to Dutch law.

12.2. Kaomoji and the customer are not obliged to comply with any obligation if they are hindered in doing so as a result of a circumstance that is not their fault and which is not regarded as their responsibility under the law, a legal act or generally accepted practice.

13. Contact Information

If you have any questions about the terms and conditions, please contact us through the customer service form. You may also contact us by sending an e-mail to info@kaomoji.co.

Kaomoji can also be contacted at:
Veilingweg 67
3981PB Bunnik
The Netherlands

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