Terms and Conditions - QelviQ (EU)

Definitions

For the purposes of these General Terms and Conditions of Sale as well as the specific terms and conditions of sale mentioned on the QelviQ® pre-order offer, the offer, the offer and payment confirmation or in the Contract, the following definitions shall apply:

“Consumer”: a Customer who is a natural person that does not acquire or use the Product or Services for any professional purposes; when mentioning a VAT or equivalent number in the invoicing data, the purchaser is deemed to acquire the Product or Services for professional purposes;
“Contract”: a contract as referred to under article 2 of these General Terms and Conditions of Sale. The Contract is governed by these General Terms and Conditions of Sale as well as the specific terms and conditions of sale agreed between the parties for that Contract;
“Customer”: any person who purchases and effectively pays in advance for the Product or Services (including repairs) in the QelviQ Store;
“KELLVIN NV”: a Belgian limited liability company with registered office at Zoerselhoek 30, B-2980 Zoersel in the Province of Antwerp in Belgium, in the heart of the European Union. Kellvin NV is registered in the Antwerp register of legal entities under number 0674.768.325 and was attributed the European Union VAT number BE0674768325;
“KELLVIN INC”: a KELLVIN NV subsidiary and distributor of the KELLVIN NV products, incorporated as a US limited liability company (US EIN352626501)Kellvin Inc. PO Box 682, Windham, NY 1249
“Product” and “QPS”: the QelviQ Personal Sommelier portable bottle temperature control device;
“QelviQ”, “our”, “we” and “us”: refers to KELLVIN NV, except for in Canadian and USA markets where it refers to KELLVIN INC;
“QelviQ App”: the QelviQ mobile application for Iphone® and Android® mobile devices;
“QelviQ Store”: the online store for Products and Services, accessible on the Website and in the QelviQ App, that is divided in two dedicated sections: one section operated by KELLVIN INC for the Canadian and USA markets served by it, and the other section operated by KELLVIN NV for the rest of the world that is served by other distributors or KELLVIN NV directly;
“Services”: the services provided from time to time by QelviQ via the Website, the QelviQ App, the QPS or otherwise;
“Support”: the complimentary Customer after sales support provided by QelviQ via the Website or the QelviQ App;
“Website”: QelviQ.com and all of its components, including the QelviQ Store.

1.Applicability of the QelviQ General Terms and Conditions of Sale

1.1 These QelviQ General Terms and Conditions of Sale shall apply to all interactions between QelviQ and persons visiting the QelviQ Store as well as any quote, offer or order concluded between QelviQ and a Customer for the sale of the Product and/or the Services, including repairs as well as components and delivery, as well as to the complimentary Support offered by QelviQ. Each Contract that is formed between the parties is governed by these General Terms and Conditions of Sale as well as the specific terms and conditions of sale agreed between the parties for that Contract.

1.2 The Parties can only deviate from these General Terms and Conditions of Sale when they have expressly agreed to do so in writing in the specific terms and conditions of sale in the Contract.

1.3 The parties expressly exclude the applicability of any additional and/or different general terms or conditions of the Customer or of third parties.

2. Orders and Formation of Contract

2.1Each order placed by a Customer in the QelviQ Store or the QelviQ app shall be regarded as his or her intent to form a Contract between the Customer and QelviQ, whereby the provisions of these General Terms and Conditions of Sale shall apply and govern as well as the specific terms and conditions of that order as agreed between the parties for that Contract.

2.2 A Contract is formed when the Customer effectively pays the price to QelviQ and the Customer’s order is accepted by QelviQ by way of a written order and receipt confirmation.

2.3 QelviQ is entitled to accept or reject each and every order whenever it has strong indications or suspicions that the Product is not purchased for its intended use or market.

2.4 QelviQ can on reasonable objective grounds, including a lack of valid certification for a specific market, refuse to accept requests or process orders by natural or legal persons who reside or request delivery in markets or jurisdictions that are not served by QelviQ.

3. Prices

3.1All prices quoted by QelviQ for the purchase of a Product or the Services (including repairs) are in euro, exclusive of VAT and of any other charges such as payment, credit card, bank or administration costs or charges, customs levies, duties and travel, postage or transport costs, unless expressly stated otherwise. The total price due by a Customer will vary in function of the jurisdiction of shipping and delivery, delivery charges by third parties, VAT, customs levies and charges, etc.

When an order is placed by a Consumer or person who holds out to be a Consumer, the pre-order offer submitted for approval and ordering, the order and receipt confirmation and the invoice will mention the all-in price due or paid by that Consumer.

3.2 QelviQ shall at all times be entitled to adjust and amend the prices stated in the QelviQ Store and on the Website, provided that QelviQ shall not be entitled to increase the price mentioned in a pre-order offer submitted to the Customer for approval and ordering or in the order and payment confirmation form or invoice provided by QelviQ to the Customer.

3.3The prices stated on the order and payment confirmation form or invoice at the time the purchase is made by the Customer shall apply to that purchase or repair. It is possible that the next purchase of the same Product or Services or a similar repair will be charged at a different price.

4.Payment, retention of property and passing of risks

4.1.All orders and invoices for Products and Services (including repairs) shall be paid by the Customer in advance and without any deductions. In case the payment manner chosen by the Customer leads to costs or charges for QelviQ, QelviQ is permitted to claim and invoice those costs and charges to the Customer.

All payments to QelviQ must be made by wire transfer, debit or credit card, or any of the other payment tools made available by QelviQ in the QelviQ Store. No other means or manners of payment are accepted by QelviQ.

4.2 When no order and payment in advance is made within 14 days of the submission by QelviQ of the pre-order offer submitted by QelviQ for approval and ordering by the Customer, the transaction is aborted and automatically cancelled and no party is or remains bound towards the other party in respect of that aborted transaction.

4.3 In case QelviQ would exceptionally have shipped a Product or provided Services and allowed a payment term and the payment is made late, QelviQ is entitled, from the day the Customer is in default, to claim a late payment interest equal to 1% per month delay as well as a lump sum compensation equal to the highest of 10% of the total order price (all taxes and charges includes) or EUR 50,00 in case of a EUR denominated contract or USD 60.00 in case of a USD denominated Contract to cover QelviQ's administrative costs. In case legal proceedings against the Customer are initiated, QelviQ will in addition be allowed to claim all its legal and enforcement costs and expenses up to EUR 5000,00 in case of a EUR denominated Contract or USD 6,000.00 in case of a USD denominated Contract.

5. Delivery Method

5.1 The method of delivery of the Product, Services or a repaired or replacement Product will be as agreed by the parties in the Contract. For that purpose the Customer will have been requested to make a choice between the delivery options available at the time of ordering and confirmed in the pre-order offer submitted by QelviQ to the Customer for approval and ordering.

Support is provided by QelviQ as it sees fit from time to time.

5.2 In the event that delivery in accordance with the terms agreed in a Contract is not be possible within one month following the order date due to reasons imputable to the Customer, the Customer is permitted to opt in writing to QelviQ for another delivery address in the same jurisdiction or in a different manner of delivery proposed by QelviQ, any additional delivery costs or charges becoming due by the Customer.

5.3 In all circumstances will QelviQ be entitled to suspend its obligations and postpone delivery of the ordered Product(s) and/or Services in the event of late payment by the Customer, until full payment of the order has been received by QelviQ, without prejudice to section 4.2 above.

6.Delivery Timing

6.1The indicative delivery period indicated in the pre-order offer submitted by QelviQ, the order and the payment confirmation shall commence at the moment when the customer has completed the online ordering and payment process and has received the QelviQ order and payment confirmation form.

6.2 The delivery period indicated by QelviQ in the pre-order offer submitted by QelviQ for approval and ordering by the Customer or at the time of ordering by the Customer are indicative only and, when exceeded by less than one month, do not entitle the Customer to cancel the Contract or claim for compensation or damages.

6.3 QelviQ exceeding the stated delivery period by at least one month will entitle the Customer solely to cancel the Contract and require a refund of the price already paid but not allow the Customer to claim for compensation or damages. The Customer’s Contract cancellation and request for a refund of the price paid must be made unequivocally in writing to QelviQ.

When QelviQ would not yet have shipped the ordered Product or provided the ordered Services at the time of cancellation of the Contract by the Customer or when the so late delivered Product was returned to QelviQ unpacked and with unbroken original seal, the reimbursement will be done within one month from the day the Customer unequivocally cancelled the Contract in writing and returned the Product in case of late delivery.

In case the late delivery of the Product is made after the cancellation by the Customer, the Customer is obliged either to refuse acceptance of delivery or to immediately return the unpacked and originally sealed Product to QelviQ. Only in this case will the cost of returning or transporting the products to QelviQ be borne by QelviQ.

A late payment interest equal to 1% per month delay as well as a lump sum compensation equal to the higher of 10% of the total order price (all taxes and charges included) or EUR 50,00 in case of a EUR denominated Contract or USD 60.00 in case of a USD denominated Contract to cover the Customer’s administrative costs will apply. In case legal proceedings are initiated by the Customer for reason of QelviQ’s failure to reimburse the Customer, the Customer will in addition be allowed to claim legal and enforcement costs and expenses up to EUR 5000,00 in case of a EUR denominated Contract or USD 6,000.00 in case of a USD denominated Contract.

By entering into the Contract, the Customer consents to waive any and all claims for damages in excess of this amount and/or punitive damages. This is an essential condition for acceptance by QelviQ of the purchase offer and no Contract would have been concluded by QelviQ without this waiver.

A breach of the Product return obligation by the Customer will revive the Contract, entitle QelviQ to retain the price paid and entitle the Customer to retain the Product received.

7.QelviQ’s right of retention

7.1 When the Customer has sent a Product to QelviQ for repair or exchange for a different Product, QelviQ may exercise its right of retention to retain that Product until the Customer has paid all outstanding invoices to QelviQ.

7.2 The right of retention also applies in respect of earlier obligations pursuant which the Customer still owes payment to QelviQ.

7.3 QelviQ shall never be liable for any damage the Customer may suffer as a result of the exercise of QelviQ’s right of retention.

8.Risk and ownership

8.1Unless applicable mandatory law provides otherwise, the property of the Product(s) will not pass to the Customer before the full payment of the order was received by QelviQ, the Customer has fulfilled all and any payment obligation that it may have towards QelviQ, howsoever arising and the Product has been delivered to the Customer. Until such time, QelviQ may invoke its retention of ownership title and take back the Product in transit.

8.2 Before ownership title has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the Product.

8.3 Unless applicable mandatory law provides otherwise, the risks of loss, damage or theft of the Product that is the subject of a Contract will pass to the Customer when the goods are received or under the control of the Customer or a third party who took delivery of the product on behalf of the Customer. This means that the Customer will bear the risk of loss, damage or theft as from the moment that the Product is effectively delivered to the Customer or comes under the control of the Customer or a third party who took delivery of the product on behalf of the Customer.

9. Storage

9.1If the Customer takes delivery of a Product later than the agreed indicative delivery period in the Contract, the risk of any loss of quality or damages shall be borne entirely by the Customer as from the moment the Product was first presented for delivery to the Customer.

9.2 Any extra costs resulting from premature or late delivery of the Product shall be borne entirely by QelviQ, but extra costs resulting from a repeated delivery tentative within the indicative delivery period will be borne entirely by the Customer once the delivery tentative was made twice.

10. Intellectual Property Rights

All intellectual and industrial property rights or know-how related to the Product, Services or Support (“IPR”) are either owned and shall remain property of or licensed to QelviQ. No IPR shall be transferred to the Customer by virtue of any Contract or similar document, and no licenses to any IPR shall be granted to the Customer, even if the Products or Services or Support have been designed, developed and/or manufactured or customized specifically for the Customer.

11.Confidentiality

11.1 The Customer shall protect the confidentiality of all confidential or proprietary information that it may obtain from and/or relating to QelviQ, the Product or the Services or the Support, whether such information is designated as confidential or not, and shall not use such confidential information other than to comply with its obligations in terms of any Contract and/or these General Terms and Conditions of Sale or to use the Products or take advantage of the Services or Support.

11.2 If the Customer should be obliged to disclose confidential Information on the basis of a court or regulatory order, the Customer shall be entitled to do so, provided that it obtains the prior written approval from QelviQ, and limits such disclosure to the necessary minimum. QelviQ shall not unreasonably withhold its approval.

12. Warranties

12.1 QelviQ warrants the Customer that all Products and Services sold or Support offered to the Customer:

Will on delivery comply with such Product or Services specifications as set out in the pre-order offer and the order and payment confirmation;
Are Products manufactured in accordance with good manufacturing practices at the time of their manufacturing, or Services or Support delivered on a best efforts basis;
Comply with the relevant applicable existing and published laws at the time the pre-order offer is submitted to the Customer for its approval and ordering;
Are subject to a quality assurance system to ensure compliance with the foregoing, and
Will be free of any liens and encumbrances, manufacturing defects or legal use hindrances on delivery.

No other warranties than set out in section 12.1 above (whether express or implied) are given by QelviQ, except for the Product and repair guarantee provided for the concerned Contract by mandatory general law to Consumers or stated below or in the written QelviQ Product or QelviQ repair guarantee statement that may be in the Product’s or repaired Product’s original sealed QelviQ packaging.

12.2 To benefit from the warranty, the Customer warrants to QelviQ that:

he will not use the Product, Services or Support for any other use than the use intended by QelviQ as set out in the introduction to these General Terms and Conditions of Sale or contrary to the restrictions and instructions in the Product manual that can be consulted on the Website and may be subject to changes or clarifications from time to time;
He will neither wet or submerge the Product, nor pour any liquid or ice in the Product;
He will not authorize or allow the use of the Product by minors
He will keep the air holes always open and, for the purpose of example only, avoid putting the product on carpet or table clothes that block the air holes, this to avoid the overheating of the Product.
He will gently put the bottle inside the product without dropping or slamming it into it, with the cork side or bottleneck upside in the product.
He will not put an empty bottle with its top inside the product to avoid dripping in the Product.
He will neither put the product in an area that exceeds 35°C, nor put the product in the sun (but always in a shaded area).
He will handle the product carefully when transporting it from one place to another.
He will not use the Product, Services or Support in a market or jurisdiction that was not approved or opened by QelviQ for sale or use of the Product, Services or Support as mentioned from time to time on the QelviQ website and in the QelviQ App;
He will not use the Products, Services or data downloads or Support for (re-)sale to third parties, other than non-commercial secondhand sales of a used Product without any guarantee.
He will not physically or by contract incorporate the Product or Services or Support in any of its own products or services.
He will not use the QelviQ anymore when the QelviQ or the APP indicates red signals or signals a problem but will first consult our troubleshooter guide on com

12.3 All Products and repairs to a Product purchased and privately used by the Consumer shall be guaranteed against manufacturing defects for two years, starting from the time of delivery to the Consumer, provided the product was delivered unpacked and originally sealed to the Consumer.

12.4 Notwithstanding the foregoing provisions, the guarantee does not apply in the case of normal wear and tear and in the case of damage caused by accidents, modifications made to the Product, negligence or improper use by the Customer, breach of the Customer’s obligations pursuant section 16 below, when the cause of the defect cannot be clearly determined as a manufacturing defect, or when the Product or repaired Product was accepted by the Customer in damaged packaging or with a broken original seal and the Customer did immediately at the time of delivery contact and inform the delivery firm with a copy to QelviQ in writing and did not refuse accepting delivery of the Product or repaired Product.

13. Inspection, Notification, and Claims

13.1 The Customer shall, following the delivery to it of a Product or repaired Product, conduct an inspection of such Product and its packaging. Any opened packaging, broken original seal or visible defects shall be notified by the Customer to QelviQ in writing within two business days of the delivery of the Products. When the packaging would have been opened and/or the original seal broken, the Consumer must immediately at the time of delivery contact and inform the delivery firm with a copy to QelviQ in writing and refuse accepting delivery of the Product or repaired Product.

13.2 Hidden defects shall have to be notified by the Customer to QelviQ in writing within two business days after their discovery, but in any event by no later than six months following delivery of the Product to a Customer who is not a Consumer or two years following delivery of the Product to a Consumer.

13.3 Any notices shall contain an accurate description of the (alleged) defect. Neither the provision of a notice to QelviQ, nor the institution of a claim in any other manner shall entitle the Customer to reimbursement of the price paid.

13.4 Failure by the Customer to comply with the notification periods stated above shall preclude the Customer from making any claims against QelviQ.

13.5 No claims shall in any event be made against QelviQ if the Products concerned have been transported, handled, used, processed or stored by or for the Customer incorrectly or contrary to any instructions given by or on behalf of QelviQ.

13.6 In cases of a justified and timely claim relating to a defective Product, the sole remedy available to the Customer shall be the repair or replacement of the Product by QelviQ at no charge to the Customer, provided the Product is returned to QelviQ. Once the Customer returned the defect Product to QelviQ and QelviQ acknowledges it is responsible for the defect or when obliged to repair, replace or refund pursuant to the guarantee, its warranties or generally applicable law, QelviQ may at its discretion as sole remedy and compensation for the Customer either repair that Product, deliver a similar replacement Product to the Customer or refund to the Customer the price paid.

14. Limitation of liability

14.1 In the event that QelviQ is held liable by a Customer or third party, such liability shall be limited to the net amount effectively paid out by QelviQ’s liability insurances.

In any case, including in the absence of cover or (full) payment by an insurance company of the amount of the damages suffered by the Customer or a third party, in which QelviQ is obliged to pay damages, these shall be limited per Customer to an amount equal to the total value of the invoices (excluding VAT or similar taxes, customs levies or charges, transport and deliver costs) paid by the Customer under a Contract in that calendar year, but in any event to an aggregate maximum of EUR 2500,00 in case of a EUR denominated Contract or USD 3,000.00 in case of a USD denominated Contract, per Customer for all and any claims against QelviQ. The Customer benefits from the same limitation of liability towards QelviQ.

14.2 QelviQ shall in no event be liable for any loss of income or profits, loss of business or clients, loss of goodwill, loss of use, increased cost of working, penalties, fines, and, punitive damages, damage resulting from late delivery, damage to reputation, or any special, indirect or consequential damages or losses arising out of or in connection with any Contract or the subsequent use of the Product or Services or Support. The Customer benefits from the same limitation of liability towards QelviQ.

14.3. All images, photographs, colors, drawings, descriptions in the QelviQ Store and on the Website are only indicative and only apply approximately and cannot be a reason for compensation or damages and/or cancellation of the Contract and/or suspension of any obligation.

14.4Any right to claim damages shall in any event expire 12 months after the event from which the liability arose directly or indirectly.

14.5 The limitations of liability set out in these General Terms and Conditions of Sale shall not apply in case of fraud.

15. Force majeure

15.1 Either party shall be entitled to invoke force majeure if the implementation of a Contract, in whole or part, temporarily or not, would be delayed or impeded by circumstances reasonably outside such party’s control, including, but not limited to, trade embargoes, strikes, civil commotion, terrorism, acts of God such as lightning strikes, work-to-rule and lockouts, lack of raw materials or components, delayed deliveries to such party by third parties of ordered goods or services in circumstances other than can be imputed to such party, accidents, breakdowns, diseases as well as reasonably unforeseeable problems with production or transport, devaluation, increasing of levies or taxes of whatever nature, significant change of prices of raw materials or energy, and lapse, withdrawal or non-extension of the required permits, certificates or licenses.

15.2 In the case of a force majeure or hardship event on the part of either party, that party shall promptly notify the other party of such event in writing and the obligations of that party shall be, to the extent that it is so prevented or impeded, suspended without liability for breach or non-performance. The reciprocal obligations of the other party shall also be suspended without liability for breach or non-performance.

15.3 If a force majeure or hardship event affecting a party can reasonably be expected to continue in excess of two months, or has already lasted for a period of two months, each party may cancel the Contract on written notice to the other party with immediate effect, without thereby creating any rights to compensation or damages.

16. Customer Obligations

16.1 The Customer shall at all times refrain from doing anything that might adversely influence the quality or safety of the Product, Services, Support, reputation of QelviQ, and / or any of the trademarks or other intellectual property of QelviQ.

He will use the QelviQ taking into account the instructions and terms of use as indicated in section 12.2.

16.2 The Customer shall not, without the prior written permission of QelviQ, make any (direct or indirect) use of the Product, Services or Support for promotional activities or other purposes or uses than those intended by QelviQ as stated in the introduction to these General Terms and Conditions of Sale.

16.3 If the original packaging of a Product has been opened or damaged or the original seal was broken at the time of delivery, the Customer must, before accepting delivery of the product, have the carrier or delivery person make a note of this and inform QelviQ, failing which QelviQ cannot be held liable for any damage or defect.

17. Right of withdrawal

17.1 The Consumer has the right to withdraw from a Contract formed under the provisions of these General Terms and Conditions of Sale within 30 days from the time of ordering and again within 30 days from the time of delivery without giving any reason, unless the Contract concerns Services that have been delivered by QelviQ to the Customer prior to the withdrawal (in the latter case, there is no right of withdrawal). The exercise of this right must be notified by the Consumer to QelviQ in writing.

17.2 When the Consumer has used this right of withdrawal and in the case of a Product purchase has returned the unpacked Product with the unbroken original seal to QelviQ, QelviQ shall reimburse to the Consumer all payments received, without undue delay and in any event not later than 14 days from the day on which QelviQ is informed about the decision of the Consumer to withdraw from this Contract provided QelviQ received the returned Product in its original packaging with unbroken original seal in the case of a Product Sale. The reimbursement shall be carried out using the same means of payment as the Consumer chose for the initial transaction, unless expressly agreed otherwise by the parties.

17.3 The Consumer will not incur any additional cost, charges or fees as a result of a valid withdrawal from the Contract. In all other circumstances except QelviQ’s pursuant guarantee obligations, the Consumer will bear the direct costs for the returning of the Product to QelviQ.

17.5 The Consumer shall send back the Product in its original packaging with unbroken original seal or hand it over to QelviQ without undue delay and in any event not later than 14 days from the day on which the Consumer communicated the withdrawal from the Contract to QelviQ.

17.6 QelviQ is allowed to withhold reimbursement until he has received the Product in its original packaging with unbroken original seal back or until the Consumer has supplied sufficient evidence of having sent back the Product in its original packaging with unbroken original seal, whichever is the earliest.

17.7

In case the original packaging was opened and/or the original seal is broken when the Product is returned to QelviQ, the Consumer is liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.

18.Exchange of a Product

18.1 The exchange of purchased items by the Customer is only possible if the following conditions are all met, unless specifically agreed otherwise by QelviQ:

The exchanges take place within 30 days after delivery on presentation of the original invoice;
The Product is returned in its original packaging with unbroken original seal; and

18.2 Discounted products or Products specially customized for the customer cannot be exchanged.

QelviQ Privacy & Cookie Policy

By entering into the Contract or connecting the QPS to the internet or the QelviQ App, the Customer consents to the QelviQ Privacy & Cookie Policy displayed on the Website and waives any and all claims for damages in excess of the limitation of liability set out in that QelviQ Privacy & Cookie Policy and/or punitive damages. This is an essential condition for acceptance by QelviQ of the purchase offer, the connection of the QPS to the internet or the QelviQ App and no Contract or such connection would have been concluded or accepted by QelviQ without this consent and waiver. The Customer benefits from the same limitation of liability towards QelviQ.

The Terms of Use of QelviQ

By buying the QelviQ Personal Sommelier, downloading the QelviQ App, the Customer consents to the QelviQ Terms of Use of the QelviQ App displayed on the Website and waives any and all claims for damages in excess of the limitation of liability set out in those QelviQ Terms of Use and/or punitive damages. This is an essential condition for acceptance by QelviQ of the download of the QelviQ App and no access of the Customer to the QelviQ App would have been accepted by QelviQ without this consent and waiver. The Customer benefits from the same limitation of liability towards QelviQ.

Right of termination

21.1

Each party is entitled to rescind the Contract only in the event that the other party has imputably failed to perform its obligations, unless such failure does not justify rescission in view of its minor importance.

21.2.

In the event that the performance of the obligations by a party is not permanently or temporarily for at least two months impossible, rescission may only take place after the other party has been notified in writing of its default.

21.3

Each party is entitled to suspend the execution of a Contract, or to terminate a Contract (whether in full or in part) with immediate effect on written notice, if:

(a) the other party fails to meet one or more of its obligations, or if it is established that full compliance will be impossible permanently or temporarily for at least two months;

(b) the other party commits any serious misconduct, or any intentional, negligent or tortuous act; and

(c) the other party is declared bankrupt, or (provisional) suspension of payment is requested, if its business is liquidated or discontinued or it is otherwise insolvent.

21.4

If and when terminated in accordance with the above provisions, the party in default shall not have any claims against the terminating party as a consequence of such termination.

22. Miscellaneous

These General Terms and Conditions of Sale have been drawn up in the English language. All notices and other documents (to be) exchanged between the parties to the Contract shall be in the English language, unless otherwise accepted by the recipient thereof. Unless provided otherwise by applicable mandatory law, any translations into other languages shall be for purposes of convenience only.

22.2 If one or more of the provisions of these General Terms and Conditions of Sale would be held to be invalid or ineffective or excessive by a competent court of law, the remaining provisions shall continue in full force and effect and the excessive provision shall apply up to the limit accepted by that court.

22.3 The QelviQ Store and Website are hosted and made available from Belgium. Your visit to, and use of, the Website as well as any purchase of Products or Services via our website(s) or the QelviQ App are deemed to take place at the commercial offices of QelviQ by KELLVIN NV in Belgium and will be exclusively governed by Belgian law, without prejudice to mandatory law. The courts of Antwerp (in Belgium, EU) are the exclusive venue for all disputes, without prejudice to mandatory jurisdiction.

22.4 When contacting QelviQ for all matters concerning the Contract, Product, Services, QelviQ Store, QelviQ App or Website, the Customer must do so either:

- via the ‘contact’ button on QelviQ’s website(s); or

- by email to customercare@qelviq.com or

- by letter to the following address of the concerned vendor:

KELLVIN NV: Zoerselhoek 30, 2980 ZOERSEL, Belgium, European Union;
KELLVIN INC: Kellvin Inc. PO Box 682, Windham, NY 12496, USA.

QelviQ will in principle reply within one month following receipt.

Responsible publisher: Xavier Verellen, CEO of KELLVIN NV, Zoerselhoek 30, B-2980 Zoersel, Belgium.

ACCESSIBILITY

We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please email our team at customercare@qelviq.com, and we will be happy to assist you.

VIOLATIONS

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QUESTIONS?

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