All contractual agreements entered into by Wakati BVBA (herein after referred to as “Wakati”) and customers are subject to the Terms & Conditions applying at the time the contract takes effect.
2. Contracting Parties
Placing orders can be done on www.wakati.org or through a Wakati employee or affiliate.
All contractual agreements entered into will be between Wakati and individual customers (herein referred to as “the Consumer”) who must be 18 years of age and legally competent. If Wakati should unintentionally enter into a contractual agreement with an individual legally incapable to enter contracts, any contractual agreement between the two parties becomes void with immediate effect.
Placing an order on www.wakati.org requires the Consumer to register/set up a Wakati online account (i.e. user profile). Consumers must register under their own name, and complete all mandatory fields correctly.
By submitting an order online (i.e. after selecting the product(s), completing the Wakati online order form and confirming the order by clicking the submit button), or by placing an order in the form of an email, letter or phone call, Consumers issue a legally binding purchase offer which will need to be accepted by Wakati.
Wakati reserves the right to refuse orders. If Wakati should reject an order, the Consumer will be notified immediately.
A legally binding contract will be formed between Wakati and the Consumer at the time of Wakati formally confirming the order, or at the time the Consumer has received the goods. N.B. Any automated messages sent by Wakati to Consumers in response to Consumers submitting their orders do not constitute a formal order confirmation.
4. Cancellation Policy
The Consumer cannot cancel an order after the order has been confirmed through www.wakati.org or by one of its employees or affiliates by phone, email or letter.
5. Goods Inspection – Depreciation - Damages
The Consumer shall have the right to inspect any goods received from Wakati. This inspection may include carrying out a brief function test to ensure the purchased item is in full working order. However, the Consumers right to inspect the purchased goods does not include prolonged use of the items.
The Consumer is liable for any depreciation of items resulting from inappropriate use during the inspection of the goods.
The Consumer is liable for any damages to the purchased item that occur during the inspection of the goods. However, the Consumer's liability shall not exceed the purchase price of the item.
6. Limited Availability of Items or Services
In the case of items no longer available at Wakati at the time the Consumer's order has been received, Wakati reserves the right to either offer the Consumer items and services matching both quality and price of the original order, or to cancel the order entirely. In the latter case, Wakati shall reimburse any payment made by the Consumer. Wakati shall refund Consumers paying their respective customer account with the appropriate amount.
7. Typographical Errors
Wakati reserves the right to amend product details in printed catalogues/on Wakati websites if they should be found incorrect or incomplete. In these cases the Consumer shall be entitled to explicitly re-confirm the purchase order taking into account the new details. Otherwise, Wakati shall have the right to cancel the order. Wakati shall not be liable for any damages, direct or indirect, resulting from amended product details, with the exception of damages caused by intent, gross negligence, or bodily harm.
Unless otherwise agreed or communicated, orders dispatched to countries within or outside the EU will be delivered within 90 working days (120 days at most). For orders that have been paid in advance, the delivery period commences the day after payment has been received. For all other payment options, the delivery period starts the day after the order has been confirmed. N.B. If the last day of the delivery period falls on a Saturday, Sunday or a public holiday in Belgium, the delivery period is extended to the following working day.
In case of a military conflict, difficult acces by road, natural disasters or any other event that happens outside the capacity of Wakati, the above agreed delivery terms are not applicable. In that case Wakati will make the delivery as fast as possible, or if agreed with the Customer, a refund will be provided.
Claims related to incomplete deliveries or goods damaged during the delivery process must be directed at the respective delivery service, and must be made within 24 hours after the order has been delivered. Replacement items are subject to the Consumer providing to Wakati proof of the claim being made.
9. Delivery Rates
The amount Consumers pay will be the item price quoted plus national delivery charges. These charges depend on the order size and other preferences set by the Customer and are no way related to Wakati’s operations. Moreover, the delivery costs applying to a given online order are displayed on the checkout page (i.e. the penultimate step in the online ordering process prior to submitting the order) or communicated during the sales process with Wakati’s employees or affiliates.
All prices quoted on www.Wakati.org are in USD and represent the total amount due, including VAT charge at the rate that applies in the Consumer's country on the day of purchase (Checkout). Wakati reserves the right to individually price items offered online. This means that prices stated on www.wakati.org may differ from the prices quoted in Wakati print catalogues/leaflets or communicated by its employees. Wakati is under legal obligation to implement any changes in VAT. For technical reasons, prices displayed in the shopping basket during the check-out may differ from those quoted on the product pages. In this case, prices displayed check-out page apply. Wakati reserves the right to amend prices displayed in the shopping basket if the amount quoted should be incorrect or incomplete.
Prices quoted in printed editions of Wakati catalogues and leaflets are in USD and represent the total amount due at the time of the purchase, including VAT charge at the rate that applies in the Consumer's country on the day the catalogues/leaflets are published. If VAT should increase after the release of printed catalogues/leaflets, Wakati is under legal obligation to implement the VAT increase. Furthermore, Wakati reserves the right to pass on significant price increases caused by Wakatis' suppliers to the Consumer. Price quotes in the latest print editions of Wakati catalogues supersede all previous publications. Actual price information available online at www.wakati.org and by phone +32 (0)471299753.
Wakati is under legal obligation to implement any price changes in relation to the Fixed Book Price agreement (FBPL), including changes in VAT.
Wakati reserves the right to amend prices if the amount quoted in printed catalogues and on the Wakati webpage should be incorrect or incomplete. In these cases, Wakati shall notify the Consumer of the price change, with the Consumer being entitled to explicitly re-confirm the purchase order at the new price. Otherwise, Wakati shall have the right to cancel the order. Wakati shall not be liable for any damages, direct or indirect, resulting from amended product details, with the exception of damages caused by intent, gross negligence, or bodily harm.
11. Payment Conditions
All payments are in USD. Wakati offers the following payment options: Advance Payment, as well as payment by credit card and via PayPal. Moreover, the Direct Debit payment option does not apply to Consumers ordering from Wakati for the first time.
Please note that any bank transfer charges incurred in respect of your order will be added to your balance.
If we do not receive your payment within 20 days, your order will be cancelled automatically.
Wakati reserves the right to carry out credit checks, to limit the payment options offered to individual Consumers, or to suggest a particular payment method.
Further defaulting on payment shall result in the assignment of a collection agency. All costs associated with recovering the debt are at the expense of the Consumer.
Payments will be applied to interest and charges first.
Wakati shall have the right to provide the debt collection agency with the Consumer's name (including maiden name, as well as any previous names), gender, last known address, occupation, the amount owed and the Consumer's previous credit rating.
12. Retention of Title
Title to any items shall remain vested in Wakati and shall not pass to the Consumer until the purchase price for the items has been paid in full and received by Wakati. Any replacement items provided by Wakati shall remain vested in Wakati until the item has been received by the Consumer. Upon receipt, the item shall become the property of the Consumer.
Wakati shall ensure that all items are of satisfactory quality, fit for purpose and as described. Properties and specification of any delivered item shall be according to the product information provided in Wakati mail order catalogues and on the Wakati webpage (www.Wakati.org). Wakati provides a 1-year warranty on all new items. The guarantee period commences at the delivery date.
Wakati shall not be liable for claims in conjunction with warranties provided by item manufacturers and other third parties at the time of purchase. Consumers wishing to make a claim need to contact the manufacturer of the item directly.
In the case of the delivered item being faulty or damaged, Wakati shall either repair the item or provide the Consumer with a replacement item. If Wakati is unable to repair a faulty item, or provide the Consumer with a replacement item, the Consumer shall be entitled to ask for a reduction of the purchase price, or cancel the order. However, the right to cancel does not apply in the case of minor item faults.
Warranties provided by Wakati only apply to single items. Warranties for aggregates of items require a mutual agreement between Wakati and the Consumer at the time of purchase.
Wakati shall only grant claims in cases in which damage or fault to an item has not been the result of inappropriate handling or overuse by the Consumer.
Wakati receiving a returned item in conjunction with a claim does not automatically constitute Wakati accepting the claim.
Wakati is not liable to the Consumer (or any other parties) for
a. any loss or damage which was not caused by Wakati's breach of contract or Wakati's breach of legal duty of care;
b. any loss or damage of crops as a result of the use or misuse of Wakati;
b. any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if at the time Wakati SE and you entered into the contract, either
(i) such loss or damage was contemplated by Wakati and the Consumer, or
(ii) the Consumer notified Wakati that the loss or damage may occur if Wakati Elec-
tronic SE breached the Contract or Wakati's legal duty of care;
c. any loss or damage caused by The Consumer's use of Wakati's webpage, help desks or call centres.
Unless otherwise agreed, Wakati shall not be liable to the Consumer (or any other parties) for any damage, and injuries, or loss of income, business or profits as a result of the loss, corruption of, or damage to, data stored by the Consumer on items purchased from Wakati.
Nothing in these Terms & Conditions shall affect Wakati's liabilities under the Consumer Protection Act.
Nothing in these Terms & Conditions shall exclude or limit Wakati's liability for (i) fraud; (ii) personal injury caused by Wakati's negligence; or (iii) liability which may not be excluded or limited under any applicable law.
15. Changes in Customer Details
The Consumer shall notify Wakati immediately of any changes in the shipping address, invoice address and contact details, as well as of any relevant changes in the Consumer‘ personal details (such as name changes) in relation to any orders being processed or in any other way awaiting completion. Orders will be dispatched to the Consumer’s last known address/contact. Wakati cannot be held responsible for any losses or damages incurred as a result of out-of-date Consumer details.
16. Applicable Law & Jurisdiction
All contractual agreements between Wakati and The Consumer shall be governed by and construed in accordance with the laws of the Kingdom of Belgium.
The legal language is Dutch. Although Wakati offers an English and French language version of the website content and Wakati's Terms & Conditions, these translations are provided for the Consumer's convenience only.
By purchasing items from Wakati, Consumers automatically waive their right to set-off as well as all lien rights. However, this waiver does not apply in case of Wakati going into administration, Consumers exerting their statutory creditor rights against Wakati, compensation orders, and claims accepted for adjudication by Wakati.
The registered office of Wakati BVBA is located at Van Boendalestraat 7, 2000, Antwerpen, Belgium.
Consumers shall notify Wakati of any debt assignments in writing. Until notified, any payments made by Wakati shall be applied to discharge the liabilities.
Both Wakati and the Consumer submit to the exclusive jurisdiction of the Courts of Antwerpen (Belgium) for the determination of disputes arising under any contractual agreement.
Company Reg No: 0629971349