Terms and Conditions

General Terms and Conditions Ko & Flo B.V.

 

The text below applies to all activities and transactions of Ko & Flo B.V., hereinafter referred to as: Ko & Flo. 

 

General terms and conditions of sale, delivery, and payment of Ko & Flo: 

 

1. Applicability

1.1      These General Terms and Conditions apply to every offer from Ko & Flo and to every distance contract concluded between Ko & Flo and the buyer, hereinafter referred to as the "Customer".  

1.2       The following terms and conditions are used by Ko & Flo, established and registered in Made, as well as by the current group companies Jolo Eurofashion Made B.V., Jolo Fashion GmbH, Brand Works B.V., B.Nosy Kidswear B.V., Moodstreet B.V., Bellaire B.V., NoNo B.V., Flo B.V., LC Kidswear B.V., Brand Works Holding II B.V., Tygo&vito Kidswear B.V., SuperRebel Kidsgear Company B.V., Ko & Flo B.V., and all companies currently and in the future connected to the aforementioned companies within the group.

1.3       These terms and conditions apply to all existing D2C websites and future D2C websites falling under the group companies mentioned in 1.2. Below is an overview of the current D2C websites:

• https://likeflo.nl/
• https://justbeach.nl/
• https://www.lechickidswear.com/
• https://moodstreet.nl/
• https://www.moodstreetpetit.com/
• https://nono-kidswear.nl/
• https://b-nosy.com/
• https://tygovito.com/
• https://the-newchapter.com/
• https://bellaire.nl/
• https://streetcalledmadison.com/
• https://redandblukids.com/nl
• https://seven-one-seven.com/
• https://koflo.nl/
• https://mooiemerken.nl/
• https://rubytuesday.nl/

1.4       In addition to these General Terms and Conditions, specific product or service conditions may apply, if expressly indicated. In case of conflicting general terms and conditions, the Customer may always invoke the most favorable applicable provision.  

1.5      Before the distance contract is concluded, the General Terms and Conditions will be made available to the Customer via the Ko & Flo websites. Accepting an offer or placing an order means that the Customer has accepted these General Terms and Conditions, as well as all other rights and obligations that may be stated on the Ko & Flo website.  

 

2. Offers

2.1      All offers from Ko & Flo are without obligation. Offers are subject to the availability of the products and/or services and with the right of Ko & Flo to revoke the offer within fourteen working days after receipt of the acceptance. Ko & Flo has the right to refuse orders and/or dissolve the agreement if an item is unexpectedly out of stock. 

2.2      If an offer has a limited period of validity or is made under certain conditions, this will be explicitly stated in the offer. 

2.3      The offer contains a complete and accurate description of the products and services offered. If Ko & Flo uses images, these are a true representation of the products and services offered. However, there may be color, type, text and/or price changes that differ from reality. Obvious mistakes or errors in the offer are not binding on Ko & Flo.  

2.4      The distance contract is concluded at the moment of acceptance by the Customer of the offer from Ko & Flo. If the Customer has accepted the offer electronically, Ko & Flo will immediately confirm receipt of the acceptance of the offer electronically.  

2.5      Customer and Ko & Flo explicitly agree that a valid agreement is concluded by using electronic communication. In particular, the absence of a conventional signature does not affect the binding force of the offer and its acceptance. Ko & Flo's electronic files, to the extent permitted by law, serve as a presumption of proof in this regard. 

 

 

3. Prices

3.1      All prices are expressed in Euros (€), in accordance with the legal provisions in this regard. 

3.2      All prices include Dutch sales tax, and exclude shipping costs, unless stated otherwise in the information relating to the product. If the Customer is not in the country of dispatch, the Customer is responsible for any sales tax or import duties due. 

3.3      The stated prices are indicative prices. Exact prices will only be visible once the Customer places an item in the shopping cart. 

3.4      Ko & Flo is not bound by price indications that are incorrect due to input, typesetting or printing errors. No rights can be derived from incorrect price information. 

 

 

4. Payment

4.1       Payment is always made in advance.

4.2       For orders placed via the website, payment is made via iDeal, PayPal, Credit card, Google Pay or Apple Pay through the payment provider Shopify Payments. Belgian customers can also pay via Bancontact. Payments must always be approved by Shopify Payments before Ko & Flo proceeds with delivery. 

 

 

5. Delivery / Delivery time

5.1      Ko & Flo strives to ship ordered items within 24 hours of receiving payment. The stated delivery times are an indication and not a strict deadline. Exceeding the delivery time does not entitle the Customer to compensation, dissolution of the agreement or failure to comply with any obligation that may arise from this or any related agreement.  

5.2      If a product that is temporarily out of stock is ordered by the Customer, it will be indicated when the product will be available again. Delays will be reported to the Customer by email or telephone. The Customer is entitled to cancel the purchase of the product not to be delivered within 30 days.  

5.3      Ko & Flo arranges delivery preferably via PostNL. This makes orders traceable. 

5.4      Ko & Flo is not responsible for orders lost by PostNL. 

5.5      Ko & Flo is entitled to fulfill the delivery in parts. The extra costs for this will be borne by Ko & Flo. 

5.6      Shipping costs for Dutch shipments are €4.95. For Belgium €5.95. Higher costs will be charged for other foreign shipments. 

5.7      Ko & Flo is entitled to engage third parties necessary for the proper execution of its obligations if Ko & Flo deems this necessary or desirable. 

5.8      The Customer is obliged to cooperate with the delivery and to accept the delivered goods. In the absence of acceptance of the delivered goods by the Customer, Ko & Flo reserves the right to charge the Customer any related costs (including any transport and storage costs). 

5.9      Acceptance is deemed to have been refused if the ordered services and/or goods have been offered for delivery but delivery has proven impossible. The day on which acceptance is refused applies as the day of delivery. 

 

 

6. Exchanges and right of withdrawal

6.1      For agreements concluded via the internet site or in any other way in which only electronic communication has been used, the Customer has the right to exercise a right of withdrawal without penalty and without stating reasons.

1. The customer has 14 days to revoke the order (report return).
2. After this notification, the customer has another 14 days to actually return it.
3. The refund should take place within 14 days of the return notification.

6.2      If the Customer has made use of the right of withdrawal as stated in the previous paragraph, Ko & Flo will arrange for a refund of the purchase amount of the returned items, minus the shipping costs. This will happen within 14 working days of receipt of the return shipment to the account from which the amount originated. 

6.3      During the cooling-off period, the Customer must handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.  

6.4      Ko & Flo only accepts exchanges / returns for which the instructions have been followed. The right of return does not apply if: 

• Goods were not registered within 14 days of delivery.
• Goods are returned after 14 days.
• Goods are damaged by the Customer.
• The Customer has attempted to repair an item themselves.
• Attachments to the goods are missing.
• The goods are no longer in the same, saleable condition as upon delivery.

6.5      The Customer is responsible for returning the goods. Ko & Flo assumes that the Customer returns the shipment in the same way. Unpaid returns or returns without prior notification will not be accepted.  

6.6      Any loss of a return shipment is entirely the responsibility of the Customer. 

6.7      The costs for returning the product are borne by the Customer. 

6.8      In the event of an exchange, Ko & Flo will cover the shipping costs of the replacement item once. This only applies to items delivered without a discount and does not apply to free deliveries. 

6.9       If the product is damaged or the packaging is more damaged than necessary to try the product, we may charge you for this depreciation of the product. Therefore, handle the product with care and ensure it is properly packaged when returned.

6.10     In case of complaints, a consumer must first contact the entrepreneur. If the webshop is affiliated with WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer must contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur; its decision is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the committee concerned.

 

7. Force majeure

7.1      In case of force majeure, Ko & Flo is not obliged to fulfill its obligations towards the Customer, or the obligation will be suspended for the duration of the force majeure. 

7.2      Force majeure means any circumstance independent of its will, which completely or partially prevents the fulfillment of its obligations towards the Customer. Such circumstances include strikes, fire, business disruptions, energy disruptions, non-delivery or late delivery by suppliers or other third parties engaged, and the absence of any government-issued permit. Force majeure also includes disruptions in a (telecommunication) network or connection or communication systems used and/or the internet site being unavailable at any time. 

7.3      If the force majeure situation lasts longer than 3 months, both Ko & Flo and the Customer have the right to dissolve the agreement.   

 

 

8. Stock

8.1      The webshop's stock is updated in real-time. Should it unexpectedly happen that the item ordered by the Customer is no longer in stock, Ko & Flo will inform the Customer as soon as possible. The Customer then has the right to cancel the order for the missing item free of charge. Ko & Flo will refund the amount paid for the order to the Customer's account within 14 working days (or sooner if possible). 

 

 

9. Liability 

9.1      Any liability of Ko & Flo, its personnel and products of Ko & Flo for all damage, of whatever nature, directly or indirectly, arising in connection with the delivered goods is expressly excluded, unless such damage has been caused by intent or gross negligence on the part of Ko & Flo. Intent or gross negligence does not include damage suffered by the Customer or a third party as a result of incorrectness or incompleteness of the information provided by the Customer. Nor is Ko & Flo liable for damage caused by third parties during the execution of the agreement. Ko & Flo accepts no liability for any damage resulting from the use of Ko & Flo's products.  

9.2      Damage which, in the opinion of the Customer, is the result of intent or gross negligence on the part of Ko & Flo, must be reported to Ko & Flo in writing as soon as possible, but no later than within thirty (30) days after its occurrence. Damage not reported to Ko & Flo within this period will only be eligible for compensation if the Customer has made it plausible that he could not have reported the damage earlier. 

9.3      If and insofar as Ko & Flo is liable due to an attributable failure to perform the purchase and delivery agreement or due to other actions, this liability is limited to compensation for direct damage up to a maximum of the agreed price for that agreement (excluding VAT). In no case, however, will the total compensation for direct damage exceed EUR 1,000. 

9.4      Any liability of Ko & Flo for business damage or other indirect damage, including lost profit, missed savings, loss of data, time invested by the Customer, or costs of third parties engaged without Ko & Flo's prior written consent, is expressly excluded. 

 

 

10. Privacy

10.1   Personal data will be included in the customer database of the group companies mentioned in 1.2.

10.2   Ko & Flo will only provide personal data of the Customer to third parties if this is necessary for the execution of the agreement with the Customer or to comply with a legal obligation.

10.3     See "Privacy statement & Cookie policy" for Ko & Flo's Privacy policy.

 

 

11. Changes

11.1   Ko & Flo has the right to unilaterally amend these general terms and conditions. Amendments also apply to agreements already concluded. Amendments come into effect one month after notification by written notice. 

11.2   If the Customer does not wish to accept the amendment, he has the right to terminate the agreement in writing up to the time the amendments come into force, on the date on which the amended terms and conditions become effective. After the time of entry into force, the Customer is deemed to have - tacitly - accepted the amendments. 

 

 

12. Applicable law

12.1   Dutch law applies to the agreement. 

12.2   The District Court of Breda has exclusive jurisdiction to rule on disputes arising from the Agreement. 

12.3   The Dutch text of these general terms and conditions of sale prevails over their translations. 

 

For all your questions, comments or remarks, please contact our customer service by email.