GENERAL TERMS AND CONDITIONS OF SALE
KERBEROS CO. LTD.
KSS GROUP LAOS SYSTEMS AND SERVICES (KSS Laos)
Address: Unit#5 Hom#2 Ban Naxay, Xaysettha District,
Vientiane Capital – Lao PDR
Mobile: +856 20 55509957
+856 20 99223030
Mail to: firstname.lastname@example.org
Reg: 658 26/12/2013
Article 1: General provisions
The e-commerce site of Kerberos Co. Ltd., a for-profit joint venture with registered office at Unit#5 Ban Naxay, Xaysettha District, Vientiane Capital – Lao PDR (hereinafter referred to as ‘KSS’) offers its customers the possibility to purchase the products online from the web shop. The present General Terms and Conditions (“Terms and Conditions”) apply to any order placed by a visitor to this e-commerce website (“Customer”). When placing an order via the KSS web shop, the Customer must explicitly accept the present Terms and Conditions. He hereby agrees to the applicability of the present Terms and Conditions, to the exclusion of any other terms and conditions. Additional terms and conditions of the Customer are excluded, unless they have been explicitly accepted in writing and in advance by KSS.
Article 2: Price
All prices mentioned are expressed in USD and always exclude VAT and include all other taxes and fees to be paid by the Customer. If delivery, reservation or administrative costs are charged, this will be stated separately. Additional postage costs may be charged for shipments to locations outside Vientiane Capital of the Lao People’s Democratic Republic. The prices indicated exclusively relate to the items as literally described. Accompanying pictures are used by way of illustration only and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalogue and the e-commerce website were created with the utmost care, it is possible that the information provided is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors in the offer do not bind KSS. In terms of accuracy and completeness of the information provided, KSS is only bound by a best effort obligation. KSS can in no case be held liable for obvious material, typesetting or printing errors. If the Customer has specific questions about e.g. dimensions, color, availability, period or method of delivery, we request the Customer to contact our customer service in advance. The offer is valid subject to availability of the product and can be changed or revoked by KSS at any time. KSS cannot be held liable for the unavailability of a product. If an offer is of limited duration or subject to conditions, this is explicitly mentioned in the offer.
Article 4: Online purchases
The Customer completes the online reservation form with his address and invoicing data. The Customer can choose between the following methods of payment:
By cash deposit
By BCEL ONE app
By bank transfer upon request
KSS is entitled to refuse an order due to serious non-performance by the Customer with respect to orders the Customer is involved in.
Article 5: Delivery and performance of the contract
Items ordered through this web shop are delivered to all provinces of the Lao PDR. Delivery outside of the Lao PDR takes place by means of shipment through DHL. Postage costs are charged to KSS, except for deliveries outside the Lao PDR. Unless agreed or explicitly determined otherwise, the goods are delivered to the address of the Customer within 30 days after receipt of the order and the payment, except if the item(s) ordered requires production on order, import, or is ordered under special requirements of the Customer. Any visible damage and/or qualitative deficiency of an item or other defect upon delivery should be reported immediately to KSS by the Customer. The risk of loss or damage shall pass to the Customer at the moment in which he (or a third party other than the carrier and indicated by the Customer) has acquired material possession of the goods. However, the risk shall pass to the Customer upon delivery to the carrier, if the carrier is commissioned to carry the goods by the Customer and that choice was not offered by KSS.
Article 6: Retention of title
The supplied goods remain the exclusive property of KSS until fully paid by the Customer. The Customer undertakes to inform third parties of the retention of title on the part of KSS, e.g. anyone who would come to attach the items which have not been paid in full.
Article 7: Warranty
Consumers have certain legal rights when purchasing consumer goods. This legal warranty is valid as from the date of delivery to the first owner. Any commercial warranty does not affect these rights. In order to make a warranty claim, the Customer must be able to submit proof of purchase. Customers are recommended to keep the original packaging of the goods. For items purchased online and delivered to the Customer’s home, the Customer must contact the customer service of KSS and return the item to KSS at his own expense. If a defect is discovered, the Customer must inform KSS as soon as possible. In any case, defects should be notified by the Customer within a period of 14 days after its discovery. After this period, there is no further entitlement to repairs or replacement. The (commercial and/or legal) warranty shall never apply to defects due to accidents, negligence, falls, use of the item for purposes it is not intended for, non-compliance with the user instructions or manual, changes or modifications made to the item, hard-handed usage, bad maintenance or any other abnormal or incorrect usage. Defects that appear after a period of 6 months from the date of purchase or delivery are not deemed to be hidden defects, unless the Customer can provide evidence to the contrary.
Article 8: Customer service
The customer service of KSS can be reached via telephone number +856 20 55509957, +856 20 99223030, or by email to email@example.com or by post to the following address: Unit#5 Hom#2 Ban Naxay, Xaysettha District, Vientiane Capital – Lao PDR. All complaints, if any, can be directed to this customer service.
Article 9: Penalties for non-payment
Without prejudice to the exercise of any other rights granted to KSS, the Customer must pay an annual interest of 10% of the unpaid amount in case of non-payment or late payment, by operation of law and without any formal notice of default being required. Furthermore, the Customer has the obligation to pay a fixed compensation, by operation of law and without any formal notice of default being required, equalling 10% of the amount payable, with a minimum of USD 25 per invoice. Without prejudice to the foregoing, KSS reserves the right to take back the items that were not (fully) paid.
Article 10: Privacy
Responsible for processing, KSS respects the protection of privacy in relation to the processing of personal data. The personal data communicated by you will only be used for the following purposes: performance of the agreement entered into, processing of the order, sending of newsletters. You have a legal right to access or correct your personal data. Subject to proof of identity (copy of your identity card) you can receive a written statement of your personal data free of charge by means of a written, dated and signed request to KSS (by post: Unit#5 Hom#2 Ban Naxay, Xaysettha District, Vientiane Capital – Lao PDR, by email: firstname.lastname@example.org). If necessary, you can also ask to correct the data that are incorrect, incomplete or irrelevant. In case of use of data for direct marketing: You have the right to object, free of charge, to any further processing of your data for direct marketing. For this purpose, you can always address KSS (by post: Unit#5 Hom#2 Ban Naxay, Xaysettha District, Vientiane Capital – Lao PDR, by email: email@example.com). We shall treat your data as confidential information and will never pass them on, rent or sell them to third parties. Customer is responsible for maintaining the confidentiality of the login data and password. The password is encoded; therefore, KSS does not have access to your password. KSS keeps online (anonymous) visitor statistics to see which pages of the website are visited and with which frequency. If there is any questions concerning this privacy statement, contact us at firstname.lastname@example.org
Article 12: Infringement of validity – non-waiver
If any provision of the present Terms and Conditions is found to be invalid, illegal or void, this will not affect in any way the validity, legality and enforceability of the other provisions. The failure of KSS to enforce any of the rights listed in the present Terms and Conditions or to exercise any of these rights at any time, will never be regarded as a waiver of these provisions and will never affect the validity of these rights.
Article 13: Changes to the terms and conditions
The present Terms and Conditions are supplemented by other terms and conditions specifically referred to, and by the general terms and conditions of KSS. In case of contradictions, the present Terms and Conditions shall prevail.
Article 14: Proof
The Customer accepts that electronic communications and backups can serve as proof.
Article 15: Applicable law – Disputes
The present Terms and Conditions are governed by Lao law with the exception of the provisions of international private law regarding applicable law. The courts of the Consumer’s place of residence have jurisdiction in case of legal disputes.