Condiciones de servicio
TERMS & CONDITIONS CONSUMERS (B2C)
Article 1: Company Information
1.1. Company Name
Kandes
1.2. Registered Address
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Country: Bulgaria
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Region: Varna, Municipality: Varna
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Locality: City of Varna, P.O. Box 9002
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District: Asparuhovo
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Residential Complex: Southern Industrial Zone No. 67
1.3. Contact Details
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Phone Number: +41 (0) 76 673 7211
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Email Address: info@kandes.eu
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Website: www.kandes.eu
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WhatsApp Chat: https://wa.me/41766737211
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Contact Form on the website: https://kandes.eu/pages/contact
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Customer Service Hours: 9.00-18.00 Monday - Friday
Office & Showroom Address: Seefeld, Dufourstrasse 49, 8008 Zürich (on appointment only). This showroom is available for product display only and does not handle EU orders, customer service, or returns.
1.4. Trade Register Number:
208158221
1.5. VAT Number:
BG208158221
1.6. Managing Director
Kameliya Angelova
Article 2: Scope of Application
2.1. Applicability
These General Terms and Conditions (hereinafter referred to as the "Terms") apply to all orders placed by consumers with Kandes via its websites, including www.kandes.eu, all order confirmations issued by the Company, and all invoices issued by the Company. These Terms govern the rights and obligations of the parties in accordance with EU consumer protection laws, particularly the Consumer Rights Directive (2011/83/EU) and applicable national legislation.
For UK customers, these Terms also apply but are subject to UK consumer protection laws, including the Consumer Rights Act 2015, where applicable. UK transactions may also involve additional import duties and VAT obligations as outlined in Section 5 (Prices and Payment Terms) and Section 6 (Delivery and Shipping).
2.2. Consumers Only
These Terms apply exclusively to consumers, defined as individuals acting for purposes outside their trade, business, craft, or profession. If the purchaser is a business, company, or self-employed individual purchasing for professional purposes, please refer to our Business Terms and Conditions (B2B) available separately.
2.3. Acceptance of Terms
By accessing and using the Company's website, or by confirming an order, the Consumer acknowledges and agrees to be bound by these Terms without any reservations. The Terms are made available on the Company's website, where they can be viewed, saved, or printed at any time.
For UK customers, by placing an order, the Consumer acknowledges that their purchase is subject to UK import regulations, and that they are responsible for any additional import duties, VAT, or customs fees required by UK authorities.
These Terms do not affect the mandatory consumer rights granted under EU or UK law. If any provision of these Terms contradicts consumer protection laws in the Consumer’s country of residence, the relevant law shall apply.
2.4. Conflict with Other Terms
In case of a conflict between these Terms and any other terms and conditions, these Terms shall prevail, unless expressly agreed upon in writing by the Company and provided that such agreement does not limit the Consumer’s statutory rights under EU or UK consumer protection laws.
Article 3: Products and Services
3.1. Product Description
The Company provides detailed descriptions of each Product on www.kandes.eu. While every effort is made to ensure accuracy, minor variations in color, texture, or finish may occur due to manufacturing processes or screen display settings. If a Product does not match its description in a material way, the Consumer may be entitled to a refund or replacement as per the Company's Return and Refund Policy.
If the Consumer has any questions or uncertainties about a Product's features, components, or compatibility, they should contact the Company's customer service before placing an order.
3.2. Availability & Order Cancellation
Product availability is subject to change without prior notice. The Company strives to fulfill all orders but cannot guarantee that every Product will be in stock at the time of purchase.
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If a Product is unavailable after an order is placed, the Consumer will be informed promptly.
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The Consumer may choose to:
(a) Accept an alternative product (if available), or
(b) Cancel the order and receive a full refund within 14 days.
3.3. Customization Requests
Consumers may request customized products when placing an order. The Company will evaluate feasibility and provide details on any additional costs and revised delivery times before confirming the order.
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Once a customized order is confirmed, it cannot be canceled or returned, except in cases of manufacturing defects or errors made by the Company.
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Customized products include bespoke dimensions, unique designs, personalized features, or special LED configurations beyond standard options.
3.4. Service Conditions
3.4.1 Installation Guidance
The Company may provide installation manuals, videos, or other resources to assist the Consumer. These materials are for informational purposes only and do not constitute a professional installation service.
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The Company is not responsible for any damage or incorrect installation caused by the Consumer or third parties.
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Consumers are encouraged to seek professional installation where necessary.
3.4.2 Customer Support
Customer support is available during business hours to assist with questions related to Products. While the Company strives to provide timely and effective assistance, it cannot guarantee the resolution of all issues.
Article 4: Ordering Process
4.1. Order Placement
Orders can be placed through the Company's website www.kandes.eu. The Consumer must provide accurate and complete information when placing an order. Any errors in the information provided may result in delays or an inability to process the order.
4.2. Order Confirmation & Contract Formation
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Upon receiving an order, the Company will first acknowledge receipt by sending an Order Confirmation email to the email address provided by the Consumer. This email confirms that the Company has received the order request but does not constitute acceptance of the order.
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The contract between the Company and the Consumer is formed only when the Company sends a second email, the Fulfillment Confirmation, which signifies that the order has been accepted and that production and/or order fulfillment has commenced.
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Once the Fulfillment Confirmation has been sent, order modifications or cancellations are subject to the conditions outlined in Section 4.4 (Modification and Cancellation).
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This does not affect the statutory 14-day right of withdrawal available to Consumers under EU law, except for customized products (see Section 4.4).
4.3. Error Correction
Before submitting an order, the Consumer can review and correct any input errors by navigating back through the order process on the website. It is the Consumer's responsibility to ensure all information is accurate before final submission.
4.4. Modification and Cancellation
4.4.1. Modification of Orders
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The Consumer may request modifications to their order by contacting the Company as soon as possible.
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The Company will make reasonable efforts to accommodate such requests but cannot guarantee that modifications will be possible once the order has been processed.
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Any changes requested by the Consumer may result in additional charges and adjustments to the delivery schedule.
4.4.2. Cancellation of Orders
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The Consumer may cancel an order by notifying the Company prior to the issuance of the Fulfillment Confirmation email. In this case, the Consumer will receive a full refund for any payments made.
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If the Fulfillment Confirmation has already been sent, cancellation is no longer possible unless covered by the statutory right of withdrawal (14 days after delivery, except for customized goods).
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If an order has already been dispatched, the Consumer must accept delivery of the goods and follow the returns procedure outlined in the Shipping & Return Policy.
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Customized Products: Orders for customized or made-to-order products cannot be canceled or returned once production has started, except in cases of manufacturing defects or errors made by the Company.
4.4.3. Order Cancellations by the Company
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The Company reserves the right to cancel any order at its discretion if it is unable to fulfill the order due to stock unavailability, pricing errors, or technical issues.
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In such cases, the Consumer will be notified promptly, and a full refund will be issued within 14 days.
Article 5: Prices and Payment Terms
5.1. Price Indication
Product prices are displayed in the Consumer’s local currency during browsing for informational purposes. However, all transactions are processed in EUR (€) at checkout. The final amount charged will be in EUR, and the currency conversion will be handled by the Consumer’s payment provider at their applicable exchange rate..
For EU customers, VAT is applied based on the Consumer’s delivery location in accordance with EU cross-border e-commerce regulations. The final price, including applicable VAT, will be displayed at checkout.
For UK customers, all orders are sold excluding VAT. Import VAT, customs duties, and any additional clearance fees are the responsibility of the customer and must be paid upon import into the UK. No VAT will be collected at checkout for UK orders. Customers should check with local customs authorities for applicable import costs.
5.2. Shipping Costs
Shipping costs are calculated and displayed at checkout based on the delivery location. For UK orders, additional customs handling fees may apply, depending on the selected carrier and customs procedures.
5.3. Additional Costs
For orders outside the EU, including the UK, additional customs duties, import taxes, or clearance fees may apply. These costs are the responsibility of the Consumer and will be communicated where possible before order confirmation. The Consumer should consult UK customs authorities or their chosen shipping carrier for specific charges.
5.4. Payment Methods
The Company accepts the following payment methods:
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Visa
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MasterCard
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American Express
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Maestro
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Union Pay
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Apple Pay
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Google Pay
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PayPal
For all customers, payment is processed in EUR (€) at checkout. The currency conversion rate applied to the final charge will be determined by the Consumer’s payment provider.
5.5. Payment Terms
Payment is due at the time of order placement. The Consumer must ensure they have sufficient funds available to complete the transaction. The Company reserves the right to cancel the order if the payment is not successfully processed.
For UK orders, no VAT is collected by the Company. The Consumer agrees to pay all applicable import VAT, duties, and fees upon delivery.
Article 6: Delivery and Shipping
6.1. Delivery Time
Estimated handling and delivery times will be communicated in the Fulfillment Confirmation email. These lead times are indicative and depend on stock availability, order volume, and logistics factors.
For deliveries within the EU:
- Handling time: 2-4 business days (Monday to Friday).
- Transit time: 5-8 business days (Monday to Friday).
For deliveries to the UK:
- Handling time: 2-4 business days (Monday to Friday).
- Transit time: 7-12 business days (Monday to Friday), due to customs processing.
While the Company aims to meet estimated delivery times, it cannot be held liable for unforeseen delays due to customs processing, logistics disruptions, or force majeure events. If a delay occurs, the Consumer will be notified as soon as possible.
6.2. Delivery Methods
Products are delivered to the location specified by the Consumer at checkout.
The Company uses reputable carriers such as UPS, DHL, GLS, Rhenus, GEL, DHL Freight, and UPS Freight. Tracking information will be provided where available.
6.3. Shipping Costs
6.3.1 EU & UK Orders
Shipping for panel orders is quoted individually together with your quotation, based on the size of the order, the destination and the delivery timeline. There are no fixed shipping tiers and no free-shipping thresholds — the exact shipping cost for your delivery is confirmed with your quotation.
Samples can be purchased directly online. Sample shipping is charged at a flat rate of 7 EUR per standard sample and 4 EUR per INCA tile, shown at checkout. For private customers, the full sample cost — the sample itself and its shipping — is credited toward the first order. For VIES-verified EU trade customers, samples and sample shipping are complimentary.
📌 Important for UK Orders:
- While shipping costs are the same as for the EU, UK orders are subject to customs duties, import VAT, and any additional clearance fees, which are entirely the customer’s responsibility.
- The courier will inform the Consumer of any amounts due before delivery.
6.3.2 Non-EU & International Orders
- The Company ships worldwide. Shipping for these orders is not charged at checkout — please contact us for a quotation.
- Customs duties, import VAT, and clearance fees are the Consumer’s responsibility and must be paid upon arrival in the destination country.
6.4. Import VAT and Duties (UK Orders)
For shipments to the UK:
- Orders are sold excluding VAT.
- The Consumer is responsible for paying import VAT, duties, and any applicable customs clearance fees upon entry into the UK.
- These costs are not included in the purchase price and will be collected by UK customs or the carrier before delivery.
Consumers should check with local customs authorities or the chosen shipping carrier for specific costs before placing an order.
6.5. Minimum Order for UK Shipments
For orders shipped to the UK, a minimum order value of £135 applies. Orders below this threshold will not be accepted.
6.6. Delivery Errors & Visible Defects
Upon receiving the Products, the Consumer must inspect them for visible damage or incorrect items.
If any issues are found, the Consumer must notify the Company within 7 days of delivery, providing photos and a description of the issue.
For hidden manufacturing defects, the Consumer has up to 2 years from the delivery date to request a repair, replacement, or refund, provided the defect was not caused by misuse.
If a refund is granted, it will be processed within 14 days after the Company receives the returned defective goods.
6.7. Damage & Partial Loss During Transit
If the Products are damaged or partially lost during transit, the Consumer must notify the Company immediately upon discovery and no later than 7 days after delivery.
The Company will assess the claim and arrange for a replacement or compensation.
If a refund is applicable, it will be issued within 14 days after the damaged goods are received.
6.8. Consumer Rights for Late Delivery
If delivery is delayed beyond 30 days from the order confirmation date (unless a longer period was agreed upon), the Consumer has the right to:
- (a) Set a new reasonable delivery deadline, or
- (b) Cancel the order and receive a full refund.
This does not apply to UK orders delayed due to customs clearance, as such delays are outside the Company’s control.
6.9. Pick-up Option
With prior approval, the Consumer may arrange to pick up the Products from the Company's warehouse during business hours.
If the Consumer or their carrier fails to collect the Products on the agreed date, the Company will store the Products for up to one (1) month, and storage fees may apply (€15 to €35 per cubic meter per day).
After this period, the Company may cancel the order at the Consumer’s expense.
6.10. Transfer of Ownership & Risk
Ownership of the Products transfers to the Consumer upon full payment.
For EU orders, risk of loss or damage remains with the Company until the Products are physically delivered to the Consumer.
For UK orders, risk of loss or damage transfers to the Consumer once the goods clear UK customs and are handed over to the shipping carrier for final delivery.
Unloading Responsibility: The Consumer is responsible for unloading the Products after delivery and assumes any risk of damage during the unloading process.
Article 7: Returns and Exchanges
7.1. Right to Withdraw (EU & UK Customers)
The Consumer has the right to cancel the purchase contract within 14 days without providing a reason.
This withdrawal period starts from the day the Consumer, or an appointed third party, takes physical possession of the goods.
For orders including multiple items shipped separately, the withdrawal period begins on the day the last item is received.
To exercise this right, the Consumer must notify the Company via email (info@kandes.eu) or through the contact form on www.kandes.eu within 14 days of receiving the order.
For UK orders, the right to withdraw applies, but the Consumer remains responsible for all import duties, VAT, and customs clearance fees, which are non-refundable.
7.2. Return Conditions
The Consumer must handle the Products with care during the withdrawal period.
Products must be returned in their original condition, unused, undamaged, and in the original packaging. If the returned Products show signs of use, handling, or damage, the Company reserves the right to deduct an amount from the refund to account for depreciation.
For UK orders, the Consumer is responsible for any customs re-import fees when returning goods.
7.3. Return Procedure
To return Products, the Consumer must follow these steps:
- Obtain return authorization by contacting the Company via email at info@kandes.eu or the online contact form, selecting the subject “Return”.
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Provide the following details:
- Order number
- Product description
- Reason for return
- Photos (if returning due to defects or damage)
- Ship the Products back to the Company using a carrier of choice or request the Company to arrange a collection (additional fees apply).
- Return the Products within 14 days after submitting the return request.
For UK returns, the Consumer must ensure that all necessary customs documentation is correctly completed to avoid additional import fees.
7.4. Return Shipping Costs
- The Consumer bears the cost of returning the Products unless the return is due to defective, incorrect, or damaged Products.
- If the Company arranges a collection, the Consumer agrees to cover the return shipping and handling fees.
- For UK orders, any import duties, VAT, and customs clearance fees paid upon entry into the UK are non-refundable.
7.5. Refund & Reimbursement
Upon receiving the returned Products, the Company will inspect them to ensure compliance with return conditions.
- If approved, the Company will issue a refund within 14 days using the original payment method.
- If the Products are damaged or used, the refund may be reduced.
- Shipping fees are non-refundable, except in cases where the return is due to an error by the Company.
For UK orders, refunds exclude any VAT, customs duties, or other import charges paid by the Consumer.
7.6. Replacement of Defective or Incorrect Goods
If the Consumer receives defective, damaged, or incorrect Products, they must:
- Report the issue within 7 days of delivery.
- Provide photos and a description of the defect or error.
- Await Company instructions regarding replacement or refund.
If a replacement is issued:
- The Company covers the cost of reshipping the correct or non-defective Product.
- For UK orders, the Consumer remains responsible for any import duties or VAT on replacement items.
7.7. Non-Returnable & Non-Refundable Products
The following items cannot be returned unless they are defective:
- Customized or made-to-order Products.
- Products showing signs of use, damage, or installation.
- Products returned without prior authorization.
- Products not properly packed for return shipment.
7.8. Complaint Handling & Dispute Resolution
If the Consumer disagrees with the outcome of a return or refund request, they may escalate the complaint by:
- Contacting the Company’s customer service via email at info@kandes.eu.
- Requesting a review of the case.
For disputes that cannot be resolved directly:
- EU Consumers may file complaints via the EU Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr.
- UK Consumers may seek guidance from UK consumer protection authorities.
Article 8: Warranty and Liability
8.1. Warranty Period
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The Products are covered by a two (2)-year legal warranty against defects, starting from the date of delivery.
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This warranty covers any defects that existed at the time of delivery, whether immediately visible or discovered later.
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If a defect appears within the first 6 months, it is presumed to have existed at the time of delivery, unless the Company can prove otherwise.
8.2. Warranty Claims
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To make a warranty claim, the Consumer must notify the Company within a reasonable time after discovering the defect.
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The notification must include:
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A detailed description of the issue.
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Photographic evidence of the defect.
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The Company will assess the claim and determine the appropriate resolution, which may include:
(a) Repair,
(b) Replacement, or
(c) Refund. -
Free samples are not covered by the warranty. However, samples that are sold as Products are covered under the same warranty as regular purchases.
8.3. Liability for Defects
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The Company’s liability for product defects is limited to the remedies provided under this warranty.
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The Company is not liable for any indirect economic damages, such as loss of profits or business disruptions, except where liability is required by law.
8.4. Exclusions from Warranty Coverage
The warranty does not cover defects or damages caused by:
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Improper use, incorrect installation, or negligence by the Consumer.
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Normal wear and tear over time.
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Unauthorized modifications or repairs made by the Consumer or third parties.
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Failure to follow maintenance or care instructions.
8.5. Limitation of Liability
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The Company’s liability is limited to the purchase price of the Product.
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The Company is not liable for special, incidental, or consequential damages (e.g., loss of business or revenue).
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This limitation applies to the fullest extent permitted by applicable EU laws.
Article 9: Use of the Website (EU Compliant & Policy-Aligned)
9.1. Account Creation & Personal Data
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The Consumer may create an account on www.kandes.eu by providing accurate personal details.
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The Company processes personal data in accordance with the General Data Protection Regulation (GDPR).
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By creating an account, the Consumer agrees that their personal data may be stored and processed for order processing and customer support purposes, as described in the Company’s Privacy Policy.
9.2. Order Placement & Accuracy of Information
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Orders can be placed through the Company’s website.
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The Consumer must ensure that all information provided (e.g., delivery address, contact details, payment information) is accurate and complete.
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The Company is not liable for delays, order cancellations, or additional costs resulting from incorrect or incomplete information provided by the Consumer.
9.3. Email Confirmations & Consumer Responsibility
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The Consumer is responsible for providing a valid email address and ensuring they can receive emails from the Company.
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All official communications, including order confirmations, shipping updates, and customer service responses, will be sent to the email address provided.
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The Company is not responsible for non-receipt of emails due to spam filters, incorrect email addresses, or technical issues on the Consumer’s side.
9.4. Use of the Website
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The Company grants the Consumer a limited, revocable, non-exclusive, and non-transferable right to use the Website.
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The Consumer agrees not to use the Website for:
(a) Any unlawful purposes.
(b) Any actions that could harm, disable, overburden, or impair the Website. -
The Company reserves the right to restrict or block access to the Website at any time without notice if the Consumer is found to be in violation of these Terms or engaged in prohibited activities.
9.5. Indemnification
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The Consumer indemnifies the Company against any claims, damages, or losses resulting from:
(a) A breach of these Terms.
(b) Misuse of the Website.
(c) Violation of any laws or third-party rights.
9.6. Confidentiality of Account Login
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The Consumer is responsible for maintaining the confidentiality of their account login details.
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The Consumer must immediately inform the Company of any suspected unauthorized access to their account.
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The Company is not liable for any losses resulting from unauthorized access due to Consumer negligence.
9.7. Website Content & Product Information
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The Company makes reasonable efforts to ensure that product descriptions, prices, and images on the Website are accurate and up to date.
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Product images are for illustrative purposes only and may differ from the actual Products.
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If an error in pricing or product description is identified after an order has been placed, the Company reserves the right to correct the error and inform the Consumer.
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In cases of material discrepancies between the product description and the actual Product, the Consumer may be entitled to a refund or replacement, as outlined in the Company’s Return & Refund Policy.
- Prices displayed in a local currency are for reference purposes only. The final purchase price will be in EUR (€) at checkout, and the Consumer’s payment provider will handle any currency conversion at their applicable rate. Kandes is not responsible for any differences in final charges due to fluctuating exchange rates or conversion fees applied by payment providers.
Article 10: Data Protection (EU GDPR & UK GDPR)
10.1. Compliance with Data Protection Regulations
The Company processes personal data in accordance with:
- General Data Protection Regulation (GDPR – Regulation (EU) 2016/679) for Consumers within the European Union (EU).
- UK General Data Protection Regulation (UK GDPR) for Consumers located in the United Kingdom (UK).
The Company is committed to ensuring that personal data is processed lawfully, fairly, and transparently, in line with both EU and UK data protection laws.
10.2. Data Collection & Legal Basis for Processing
The Company collects and processes personal data for the following purposes:
- Contractual Necessity – To process and fulfill orders, manage payments, and provide customer support.
- Legal Obligation – To comply with tax, fraud prevention, and regulatory requirements.
- Legitimate Interest – To improve services, prevent fraud, and personalize website experience.
- Consent – If the Consumer opts in to receive marketing communications.
Types of personal data collected include:
- Identity Data (e.g., name, address, email, phone number).
- Payment Data (e.g., transaction details, billing information).
- Order Data (e.g., purchased Products, shipping details).
- Technical Data (e.g., IP address, device information, browsing behavior).
For UK Consumers, any inquiries about personal data processing should be directed to info@kandes.eu as the Company does not have a UK representative.
10.3. Marketing & Advertising
The Company does not process large data sets for marketing purposes but may use Consumer data to:
- Send promotional emails (only with explicit consent).
- Improve product recommendations based on previous purchases.
- Conduct limited advertising and analytics using Google Ads, Meta (Facebook) Ads, and other platforms.
Consumers can withdraw consent for marketing communications at any time by:
- Clicking the unsubscribe link in emails.
- Contacting info@kandes.eu.
For UK Consumers, the Company does not conduct large-scale profiling that requires additional UK-specific safeguards.
10.4. Data Sharing & Third-Party Processors
The Company does not sell personal data. However, data may be shared with trusted third-party service providers for:
- Payment processing (e.g., Stripe, PayPal).
- Shipping and logistics (e.g., UPS, DHL, GLS).
- Advertising and analytics (e.g., Google Analytics, Meta Ads).
- Legal compliance (e.g., if required by tax authorities or regulators).
For UK Consumers, if data is transferred outside the UK, the Company ensures it is protected under UK GDPR, using legal safeguards such as:
- Standard Contractual Clauses (SCCs) approved by the UK government.
- Adequacy decisions, if applicable.
10.5. Data Retention
Personal data is stored only for as long as necessary to fulfill legal and operational requirements:
- Order and transaction records – Retained for 7 years (for tax and accounting compliance).
- Marketing data – Retained until the Consumer withdraws consent.
- Inactive accounts – Deleted after 2 years unless legally required to be retained.
10.6. Consumer Rights Under EU GDPR & UK GDPR
Consumers have the following data protection rights:
- Right to Access – Request a copy of personal data.
- Right to Rectification – Correct inaccurate or incomplete data.
- Right to Erasure ("Right to be Forgotten") – Request deletion of personal data.
- Right to Restriction of Processing – Limit how data is processed.
- Right to Data Portability – Transfer data to another provider.
- Right to Object – Object to data processing for marketing purposes.
- Right to Lodge a Complaint – File a complaint with a Data Protection Authority (DPA) if they believe their rights have been violated.
For UK Consumers, complaints should be addressed to the UK Information Commissioner's Office (ICO) at www.ico.org.uk.
Consumers can exercise their rights by contacting info@kandes.eu.
10.7. Security Measures & Data Protection
The Company implements appropriate technical and organizational security measures to protect personal data against unauthorized access, alteration, loss, or misuse. These include:
- Data encryption and secure payment processing.
- Access controls to limit employee access to personal data.
- Regular security audits to ensure compliance.
10.8. Updates to Data Protection Policy
This Data Protection clause may be updated periodically to reflect legal or operational changes. The latest version will always be available on www.kandes.eu.
If any material changes are made (e.g., affecting Consumer rights), the Company will notify Consumers via email or a notice on the website.
Article 11: Intellectual Property
11.1. Rights Reserved
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All intellectual property rights, including copyrights, trademarks, patents, and proprietary materials related to the Products, website content, and branding, are the exclusive property of the Company.
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The Consumer is granted a limited, non-exclusive, non-transferable license to use the Company’s materials solely for personal, non-commercial purposes.
11.2. Usage Restrictions
The Consumer agrees not to:
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Reproduce, distribute, or modify any part of the website, Products, or content without prior written consent from the Company.
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Use the Company’s trademarks, logos, or proprietary graphics without explicit written permission.
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Engage in any activity that infringes upon the intellectual property rights of the Company or third parties.
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Attempt to reverse-engineer, decompile, or otherwise extract the source code of the website, software, or Products.
11.3. Website Content & Accuracy
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All content available on the Company’s website (including text, graphics, images, audio, video, and software) is protected by copyright laws and remains the property of the Company.
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The Company makes reasonable efforts to ensure the accuracy of its website content but does not guarantee that the content is free from minor errors.
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If a material discrepancy is discovered that affects a purchase decision, the Company reserves the right to correct the information and notify affected Consumers.
11.4. Improvements & Consumer Feedback
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The Consumer may voluntarily provide the Company with suggestions, ideas, or feedback regarding its Products, services, or website.
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By submitting feedback, the Consumer grants the Company a royalty-free, worldwide, non-exclusive, transferable, sub-licensable, irrevocable, and perpetual license to use, reproduce, adapt, distribute, and display the feedback for any purpose.
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The Consumer retains their moral rights over any original creative contributions, but the Company is not obligated to provide compensation for the use of such feedback.
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Article 12: Governing Law and Jurisdiction
12.1. Applicable Law
- For Consumers within the EU, these Terms and Conditions are governed by the laws of the Consumer’s country of residence, in accordance with EU consumer protection regulations.
- For Consumers in the UK, these Terms and Conditions are governed by UK law, in accordance with the UK Consumer Rights Act 2015 and applicable regulations.
This ensures that Consumers retain all mandatory consumer rights under their respective national laws.
12.2. Jurisdiction for Disputes
Consumers may bring legal claims in either:
- The courts of their country of residence, or
- The courts of Bulgaria, where the Company is registered.
For UK Consumers:
- UK courts have jurisdiction for disputes related to UK transactions.
- The Company does not actively target UK Consumers for sales beyond the provisions outlined in these Terms.
12.3. Alternative Dispute Resolution (ADR)
If a dispute cannot be resolved through customer service, the Consumer may seek Alternative Dispute Resolution (ADR):
- EU Consumers may file complaints via the EU Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr.
- UK Consumers may refer to the UK Chartered Trading Standards Institute (CTSI) for approved ADR bodies: https://www.tradingstandards.uk/.
Participation in ADR is voluntary, and the Company is not required to engage in ADR unless mandated by law.
12.4. Legal Compliance Responsibility
Consumers are responsible for ensuring that their use of the Products complies with the laws and regulations of their country.
For UK Consumers:
- Any import restrictions or regulatory compliance requirements are the responsibility of the Consumer.
- The Company is not responsible for changes in UK trade laws, tariffs, or customs policies that may affect product availability or pricing.
Article 13: Changes to the Terms and Conditions
13.1. Modification of Terms
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The Company reserves the right to modify these Terms and Conditions at any time.
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Any changes will be effective from the date of publication on the website, except for orders placed before the modification, which will continue to be governed by the terms in effect at the time of purchase.
13.2. Notification of Changes
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If the Company makes material changes to these Terms and Conditions (e.g., affecting consumer rights, warranty terms, or return policies), it will:
(a) Notify the Consumer via email (if they have an active account or ongoing order).
(b) Post a notice on the website. -
Material changes will take effect no earlier than 14 days after notification, allowing Consumers time to review and accept or reject them.
13.3. Consumer’s Right to Reject Material Changes
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If the Consumer does not agree to material changes, they may:
(a) Stop using the website for future purchases.
(b) Continue using the website under the terms in effect at the time of their last purchase.
(c) If applicable, request a refund for any prepaid but unfulfilled services affected by the change.
13.4. Severability
-
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions will continue to be valid and enforceable.
-
The invalid, illegal, or unenforceable provision will be replaced by a valid, legal, and enforceable provision that most closely matches the intent of the original provision.
13.5. Entire Agreement
-
These Terms and Conditions constitute the entire agreement between the Consumer and the Company regarding the use of the website and purchase of Products.
-
They supersede all prior and contemporaneous agreements, proposals, or communications, written or oral, between the Consumer and the Company.
Article 14: Customer Service (EU Compliant & Policy-Aligned)
14.1. Contact Information
For any questions, concerns, or complaints regarding the Products or these Terms and Conditions, the Consumer may contact the Company's customer service team using the following details:
Email: info@kandes.eu
Phone: +41766737211 (additional charges may apply for calls and sms)
WhatsApp: +41766737211
Address:
Kandes EU
Southern Industrial Zone No. 67,
Asparuhovo District, 9002 Varna, Bulgaria
Customer service is available during business hours (Monday–Friday, 9:00–17:00 CET).
14.2. Complaint Handling
-
The Company is committed to providing high-quality customer service and will make every effort to address complaints promptly and efficiently.
-
Complaints may be submitted via email, phone, or mail.
-
The Company will acknowledge receipt of the complaint within 2 business days and will aim to provide a resolution within 14 business days.
14.3. Dispute Resolution
-
If a dispute cannot be resolved through customer service, the Consumer may seek assistance through an EU-recognized Alternative Dispute Resolution (ADR) body.
-
Consumers may also submit complaints via the EU Online Dispute Resolution (ODR) platform, which is accessible at:
https://ec.europa.eu/consumers/odr
14.4. Response Time
-
The Company will respond to all consumer inquiries and complaints within a reasonable timeframe, typically:
-
Acknowledgment within 2 business days.
-
Resolution within 14 business days, where possible.
14.5. Language of Support
Customer service is provided in the following languages: English.
Article 15: Compliance with Construction Laws
15.1. Compliance with EU Construction Standards
-
The Company ensures that all Products comply with applicable EU building regulations and construction material standards.
-
The Consumer is responsible for ensuring that the installation and use of the Products comply with national and local building codes in their respective country.
15.2. Certification & Fire Safety Standards
-
The Company provides necessary certifications and conformity assessments for the Products in accordance with EU construction and safety regulations.
-
Upon request, Consumers may obtain copies of relevant certifications to verify compliance with their local building requirements.
-
Fire Safety Compliance:
-
The panels are classified as A1 non-combustible according to EN 13501-1, the highest fire safety rating for construction materials.
-
They have passed the EN ISO 1182 combustibility test, ensuring they do not contribute to fire spread or release hazardous substances in case of fire.
-
The Consumer is responsible for ensuring these certifications meet specific local requirements for their project.
15.3. Safe Use & Liability Disclaimer
-
The Consumer must use and install the Products in accordance with the provided instructions and guidelines.
-
The Company is not liable for any damages, defects, or failures resulting from:
(a) Improper use or modification of the Products.
(b) Incorrect installation by the Consumer or third parties.
(c) Failure to comply with local building regulations.
15.4. Legal Compliance Responsibility
-
The Consumer is solely responsible for complying with all applicable laws and regulations related to the use and installation of the Products in their country.
-
The Company does not guarantee that the Products are universally approved for all construction projects, as regulations may vary by country and region.
Article 16: Environmental Responsibility
16.1. Product Disposal & Compliance with Local Regulations
-
Consumers are encouraged to dispose of Products responsibly in accordance with local waste disposal and recycling regulations.
-
The Company complies with all applicable EU waste management regulations where legally required.
Article 17: Final Provisions
17.1. Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions will continue to be valid and enforceable. The invalid, illegal, or unenforceable provision will be replaced by a valid, legal, and enforceable provision that most closely matches the intent of the original provision.
17.2. Force Majeure
-
The Company is not liable for delays or failures in performance due to events beyond its reasonable control, including but not limited to:
(a) Natural disasters, pandemics, or public health emergencies.
(b) Wars, civil unrest, or acts of terrorism.
(c) Strikes, supply chain disruptions, or transport interruptions.
(d) Government actions, embargoes, or regulatory changes. -
If a force majeure event delays fulfillment of an order, the Consumer will be notified as soon as possible.
-
If the delay exceeds 30 days, the Consumer has the right to cancel the order and receive a full refund for any undelivered goods.
17.3. Entire Agreement
These Terms and Conditions constitute the entire agreement between the Consumer and the Company regarding the use of the website and the purchase of Products.
They supersede all prior and contemporaneous agreements, proposals, or communications, written or oral, between the Consumer and the Company.
17.4. Waiver
-
No waiver by the Company of any breach or default by the Consumer shall be considered a waiver of any subsequent breach or default.
-
The Company’s failure to enforce any right or provision shall not be deemed a waiver of such right or provision.
17.5. Assignment
-
The Consumer may not assign or transfer any of their rights or obligations under these Terms without the prior written consent of the Company.
-
The Company may assign or transfer its rights and obligations, provided that such transfer does not affect the Consumer’s statutory rights under EU consumer protection laws.
17.6. Warranties and Guarantees in Case of Insolvency
-
In the event that the Company ceases trading or becomes insolvent, warranty claims will be processed in accordance with applicable EU consumer protection laws.
-
The Consumer’s statutory warranty rights remain valid for the period required by law, subject to the availability of legal remedies.
17.7. Language
-
These Terms and Conditions are drafted in English, and any translations provided are for convenience only.
-
In the event of any discrepancies between the original English version and a translated version, the original English version shall prevail.
TERMS & CONDITIONS COMPANIES (B2B)
Article 1: Company Information
1.1. Company Name
Kandes
1.2. Registered Address
-
Country: Bulgaria
-
Region: Varna, Municipality: Varna
-
Locality: City of Varna, P.O. Box 9002
-
District: Asparuhovo
-
Residential Complex: Southern Industrial Zone No. 67
1.3. Contact Details
-
Phone Number: +41 (0) 76 673 7211
-
Email Address: info@kandes.eu
-
Website: www.kandes.eu
-
WhatsApp Chat: https://wa.me/41766737211
-
Contact Form on the website: https://kandes.eu/pages/contact
-
Customer Service Hours: 9.00-18.00 Monday - Friday
Office & Showroom Address: Seefeld, Dufourstrasse 49, 8008 Zürich (on appointment only). This showroom is available for product display only and does not handle EU orders, customer service, or returns.
1.4. Trade Register Number:
208158221
1.5. VAT Number:
BG208158221
1.6. Managing Director
Kameliya Angelova
Article 2: Scope of Application
2.1 Applicability
These General Terms and Conditions (hereinafter, "Terms") apply to all business transactions between Kandes (hereinafter, the "Company") and its business customers (hereinafter, the "Purchaser"). They define the rights and obligations of both parties in accordance with Bulgarian law and applicable EU regulations, while ensuring compliance with UK B2B laws where relevant.
2.2 Transactions Covered
These Terms govern:
- All offers made by the Company to the Purchaser.
- All orders placed by the Purchaser, including those submitted via email or through the Company’s website www.kandes.eu ("Webshop").
- All order confirmations issued by the Company.
- All invoices issued by the Company.
- All agreements concluded between the Purchaser and the Company.
2.3 Business-to-Business Exclusivity
These Terms apply strictly to business customers (companies, professionals, and legal entities).
They do not apply to individual consumers as defined under EU and UK consumer protection laws.
By engaging in transactions with the Company, the Purchaser confirms that they are acting in a business capacity and not as a consumer.
2.4 Governing Law and Jurisdiction
All contracts, transactions, and disputes arising under these Terms are governed exclusively by Bulgarian law in accordance with EU commercial regulations, including for Purchasers based in the United Kingdom.
Any disputes shall be resolved under the exclusive jurisdiction of the competent courts in Varna, Bulgaria, unless otherwise agreed in writing by both parties.
Article 3: Application of Terms
3.1. Acceptance of Terms
By engaging in any of the following actions, the Purchaser acknowledges and agrees to be bound by these Terms without reservation:
-
Placing an order (via Webshop, email, or any other method).
-
Paying an invoice.
-
Signing these Terms as part of a contractual agreement.
-
Using the Company’s website for business transactions.
-
Concluding a contract with the Company referencing these Terms.
The Purchaser confirms that they have reviewed and understood these Terms before engaging in any transaction.
3.2. Precedence Over Purchaser’s Terms
-
Unless explicitly agreed upon in writing by the Company, these Terms take precedence over any general terms and conditions provided by the Purchaser.
-
The Purchaser’s terms and conditions are explicitly rejected unless formally accepted by the Company in writing.
-
Any conflicting terms from the Purchaser will not apply.
Article 4: Products and Services
4.1. Product Description
-
The Company offers a range of decorative panels (hereinafter, "Products").
-
Product specifications, materials, dimensions, and relevant details are provided on the Company’s website and product catalogs.
-
While the Company strives for accuracy, it does not guarantee that product descriptions are entirely free of errors.
-
If the Purchaser has questions or requires clarifications about a Product’s features, components, or compatibility, they should contact the Company before placing an order.
4.2. Availability
-
Product availability is subject to change without notice.
-
The Company will make every effort to fulfill Purchaser orders, but availability cannot be guaranteed at the time of purchase.
-
If a Product is unavailable after an order is placed, the Purchaser will be notified promptly, and the Company may:
-
(a) Offer a substitute product, or
-
(b) Refund the purchase price for the unavailable Product.
4.3 Lead Times
Estimated lead times for product delivery will be communicated in the Fulfillment Confirmation email. These timelines are indicative and non-binding. While the Company strives to meet estimated delivery schedules, it is not liable for any delays.
If there are changes to the expected lead time, the Purchaser will be informed as soon as possible.
Standard Lead Times:
- Handling time: 2–4 business days (Monday to Friday).
- Transit time for EU deliveries: 5–8 business days (Monday to Friday).
- Transit time for UK deliveries: 7–12 business days (Monday to Friday), subject to customs clearance.
Custom Orders & Large Shipments
- Lead times for custom-made products and bulk orders may vary.
- The Purchaser will receive a customized delivery estimate at the time of order confirmation.
Delays & Force Majeure
- The Company is not responsible for delays caused by customs clearance, carrier disruptions, force majeure events, or other circumstances beyond its control.
- Delays do not entitle the Purchaser to cancel the order or claim compensation, unless otherwise agreed in writing.
4.4. Service Conditions
The Company provides limited services related to the Products, including installation guidance and customer support, under the following conditions:
4.4.1. Installation Guidance
-
The Company may provide installation manuals, videos, or other informational resources to assist the Purchaser.
-
These materials are for informational purposes only and do not constitute a professional installation service.
-
The Company is not responsible for improper installation, installation errors, or damages caused by third parties.
4.4.2. Customer Support
-
Customer support is available during business hours to assist with product-related inquiries.
-
While the Company strives for timely and effective support, it does not guarantee the resolution of all issues.
4.5. Customization Policies
The Company offers customization services for select Products upon request. The following terms apply:
4.5.1. Request Submission
-
Customization requests must be submitted at the time of order placement.
-
The Purchaser must provide detailed specifications, documents, or design files necessary for customization.
4.5.2. Confirmation and Approval
-
The Company will review the customization request and provide:
-
(a) A confirmation of feasibility.
-
(b) An estimated cost and lead time.
-
Customization will only proceed after the Purchaser confirms approval in writing.
4.5.3. Additional Costs & Extended Lead Times
-
Customization incurs additional costs, which will be communicated before work begins.
-
Customization orders typically require longer lead times. The estimated delivery schedule will be confirmed upon order acceptance.
4.5.4. Non-Returnable & Non-Refundable Policy
-
Customized Products are non-returnable and non-refundable, except in cases of manufacturing defects or errors made by the Company.
-
The Purchaser is responsible for reviewing and confirming all customization details before finalizing the order.
4.5.5. Post-Order Changes
-
Any changes requested after customization work begins may result in:
-
(a) Additional charges
-
(b) Extended lead times
-
The Company will accommodate changes only if feasible.
4.5.6. Quality Assurance
-
The Company ensures that customized Products meet specified requirements and quality standards.
-
Any defects or discrepancies must be reported within five (5) business days of receipt.
Article 5: Ordering Process
5.1. Order Placement
-
Orders can be placed via the Company’s website (www.kandes.eu) or via email.
-
The Purchaser must provide accurate and complete order details.
-
Any errors in the provided information may result in:
-
(a) Processing delays, or
-
(b) Inability to fulfill the order.
5.2. Order Confirmation & Contract Formation
-
When an order is placed, the Company will send an Order Confirmation email acknowledging receipt.
-
This acknowledgment does NOT signify acceptance of the order.
-
The contract is only established when the Company:
-
(a) Sends a Fulfillment Confirmation email, or
-
(b) Dispatches the Products.
5.3. Error Correction
-
Before submitting an order, the Purchaser may review and correct errors by navigating back through the ordering process.
-
It is the Purchaser’s responsibility to verify all order details before submission.
5.4. Modification and Cancellation
5.4.1. Modification Requests
-
The Purchaser may request modifications by contacting the Company as soon as possible.
-
The Company will make reasonable efforts to accommodate requests but cannot guarantee modifications once processing begins.
-
Modifications may result in:
-
(a) Additional charges
-
(b) Price adjustments
-
(c) Revised lead times
5.4.2. Order Cancellation
-
The Purchaser may cancel an order only before the Fulfillment Confirmation email is sent.
-
Once production, customization, or fulfillment begins, cancellation is no longer possible.
-
If the Purchaser cancels an order before fulfillment begins, the Company will issue a full refund.
-
The Company reserves the right to cancel any order at its discretion, in which case a full refund will be provided.
Article 6: Prices and Payment Terms
6.1 Price Display
- During browsing, product prices may be displayed in the Purchaser’s local currency for informational purposes. However, all transactions will be processed in EUR (€) at checkout. The final charge will be subject to the exchange rate applied by the Purchaser’s payment provider.
- Prices for the UK and other non-EU countries are shown in EUR (or local currency where applicable) and are exclusive of VAT, customs duties, and import taxes.
6.2 VAT and Taxes
- EU Purchasers: Prices are subject to applicable EU VAT regulations based on the Purchaser’s shipping address.
- UK Purchasers: Prices do not include UK VAT. The Purchaser is responsible for paying import VAT, customs duties, and any applicable local taxes upon arrival of the goods.
- The Company reserves the right to adjust prices to reflect changes in VAT rates or currency fluctuations.
- For all purchases, VAT and taxes are calculated based on the Purchaser’s billing and shipping details. Prices displayed in local currencies are for reference purposes only. The actual amount charged will be in EUR (€), and currency conversion will be handled by the Purchaser’s payment provider.
6.3 Shipping Costs
- Orders within the EU: Shipping is quoted individually together with each quotation, based on order size, destination and timeline. There are no fixed shipping tiers and no free-shipping thresholds.
- Orders to the UK & Non-EU Countries: Shipping is quoted with the quotation. Any customs duties, import VAT, and additional clearance fees are the Purchaser’s responsibility.
6.4 Payment Terms for B2B Purchasers
- Prepayment Required: All invoices must be paid in full before shipment, unless otherwise agreed in writing.
- For new customers and custom orders: 100% prepayment is required.
- For returning business customers: The Company may, at its discretion, offer a 50% upfront / 50% before dispatch payment structure.
- No goods will be shipped until full payment is received.
- For all Purchasers, regardless of location, payment is processed in EUR (€) at checkout. The Purchaser’s payment provider will apply the applicable exchange rate, and any differences in the final charge due to conversion rates are the responsibility of the Purchaser.
6.5 Payment Methods
The Company accepts:
- Credit/Debit Cards: Visa, MasterCard, American Express, Maestro, Union Pay
- Digital Payments: Apple Pay, Google Pay, PayPal
- Bank Transfer: Details provided upon request
6.6 Late Payment & Consequences
- If payment is not received by the due date, the Company is entitled to:
- Charge interest on overdue amounts at 12% per year, calculated daily.
- Impose an administrative penalty of 10% of the invoice amount (minimum €100).
- Recover all legal, collection, and enforcement costs.
- In case of non-payment, the Company reserves the right to:
- Suspend order fulfillment.
- Refuse future orders.
- Accelerate all outstanding payments, making them immediately due.
6.7 Price Adjustments & Validity
- The Company provides written price quotations valid for 30 days unless stated otherwise.
- The Company reserves the right to adjust pricing due to:
- Raw material cost fluctuations.
- Currency exchange rate changes.
- Supply chain disruptions.
- Adjustments in VAT or regulatory charges.
Article 7: Delivery and Shipping
7.1. Delivery Time
Estimated handling and delivery times will be communicated in the Order Confirmation. These timeframes are indicative and non-binding.
For deliveries within the European Union (EU):
-
Handling time: 2-4 business days (Monday to Friday).
-
Transit time: 5-8 business days (Monday to Friday).
While the Company aims to meet the estimated delivery times, delays may occur due to public holidays, supply chain disruptions, customs clearance, or force majeure events. The Company is not liable for any loss, damages, or penalties resulting from delivery delays. Delays do not entitle the Purchaser to cancel the order unless expressly agreed in writing.
7.2. Delivery Methods
Products will be shipped using a carrier of the Company’s choice unless otherwise agreed in writing. The Company works with reputable carriers, including UPS, DHL, GLS, Rhenus, GEL, DHL Freight, and UPS Freight.
-
Standard delivery costs on the website apply only to shipments within the European Union (EU).
-
For shipments outside the EU, different shipping fees may apply. The Company will provide a shipping quote before order confirmation.
The Purchaser is responsible for ensuring that the delivery location is accessible and must provide accurate delivery details. If delivery fails or incurs extra costs due to:
-
Incorrect or incomplete delivery details,
-
Restricted access to the delivery location,
-
Failure to accept delivery,
then the Purchaser will bear all associated costs, including redelivery, handling, and storage fees.
7.3. Customs and Duty Fees
EU Deliveries
For shipments within the European Union (EU), no import duties or customs fees apply.
Shipping costs may be displayed in the Purchaser’s local currency during browsing for reference. However, all payments will be processed in EUR (€) at checkout, and the Purchaser’s payment provider will determine the applicable exchange rate. Customs duties, import VAT, and clearance fees are the Purchaser’s responsibility and are not included in the purchase price.
UK Deliveries
The United Kingdom is no longer part of the EU, meaning UK orders are subject to customs clearance, import VAT, and duties.
- Delivered at Place (DAP) Incoterm: All shipments to the UK are handled under the DAP (Delivered at Place) Incoterm.
- Purchaser’s Responsibility: The Purchaser is responsible for paying all import duties, VAT, and any additional clearance fees upon arrival.
- Carrier Fees: Some carriers may impose additional customs handling fees beyond VAT and import duties. These fees are determined by the carrier and must be paid by the Purchaser before delivery.
The courier will notify the Purchaser of any amounts due before delivery.
Non-EU, Non-UK Deliveries
For deliveries outside the EU and UK, the Purchaser is responsible for all import duties, VAT, and customs-related fees, which vary by country.
- Import regulations and charges depend on the Purchaser’s local authorities.
- The Purchaser must ensure compliance with all import regulations, permits, and duties in their destination country.
General Responsibilities
The Company is not responsible for delays caused by customs clearance procedures.
If an order is refused or returned due to unpaid customs duties or import VAT, the Company reserves the right to:
- Deduct return shipping and customs-related fees from any eligible refund.
- Charge additional handling fees for re-delivery requests.
7.4. Delivery Errors and Visible Defects
The Purchaser must inspect the Products upon receipt for any visible damage, incorrect items, or quantity discrepancies.
-
Visible defects must be reported within five (5) business days from the date of delivery.
-
Claims must include supporting photos and a detailed description of the issue.
If the claim is validated, the Company will, at its sole discretion, provide:
(a) A replacement,
(b) A refund, or
(c) A credit note.
Failure to report visible defects within the 5-day period constitutes acceptance of the Products in the received condition.
7.5. Damage and Partial Loss During Transport
If the Products are damaged or lost in transit, the Purchaser must:
-
The Purchaser must inspect the goods upon delivery and document any visible damages or missing items immediately. Claims for damages must be supported by photographic evidence and written notification to the carrier and the Company within five (5) business days of receipt. Failure to provide timely documentation may result in the claim being denied.
The Company will assess the claim and offer an appropriate resolution, which may include a replacement or refund. Transport-related damage reported after this period will not be accepted.
7.6. Late Delivery
If a delivery delay occurs, the Company will inform the Purchaser as soon as possible.
-
The Purchaser may not cancel the order due to delay unless expressly agreed in writing.
-
The Company is not liable for any penalties, loss of business, or indirect damages resulting from late delivery.
7.7. Pick-up Option
With prior approval, the Purchaser may arrange to collect the Products from the Company’s designated warehouse during business hours.
If the Purchaser fails to collect the Products on the agreed date, the Company will:
-
Store the Products for up to one (1) month, with storage fees ranging from €15 to €35 per cubic meter per day.
-
After this period, the Company reserves the right to cancel the order at the Purchaser’s expense.
7.8. Reception of Products
The Company is entitled to deliver the Products to any person present at the delivery location who presents themselves for reception. Such a person is deemed to represent the Purchaser, and their acceptance constitutes confirmation of receipt.
7.9. Transfer of Ownership and Risk
- Ownership of the Products remains with the Company until full payment is received.
- The Purchaser must not resell, pledge, or modify the Products before full payment has been made.
- If the Products are seized, stolen, or subject to legal claims, the Purchaser must inform the Company immediately.
Risk Transfer – EU Deliveries
- For deliveries within the EU, the risk of loss or damage remains with the Company until the Products are physically delivered to the Purchaser.
Risk Transfer – UK & Non-EU Deliveries
- For UK and non-EU orders, the risk of loss or damage transfers to the Purchaser once the goods clear customs and are handed over to the shipping carrier for final delivery.
- The Purchaser assumes full responsibility for any import-related delays, damages, or losses beyond this point.
Unloading Responsibility
- The Purchaser is solely responsible for unloading the Products at the delivery location.
- The Company and the shipping carrier are not responsible for damages caused during unloading, mishandling, or improper storage at the Purchaser’s site.
- If unloading requires special equipment (e.g., forklifts, lifting tools, or additional manpower), the Purchaser must ensure proper arrangements before delivery.
Updated Article 8: Returns and Exchanges
8.1 Return Conditions
Returns are accepted only under the following conditions:
For EU and UK Purchasers:
- Visible Defects: The Purchaser must report any visible defects within five (5) business days of delivery. Claims must include a detailed description and photographic evidence.
- Hidden Manufacturing Defects: If defects are not immediately noticeable, the Purchaser must notify the Company within five (5) business days of discovery, but no later than two (2) years from the delivery date (subject to warranty provisions in Article 10).
- Incorrect Products: If the Purchaser receives incorrect Products, the Company must be informed within five (5) business days of delivery.
Failure to report any of the above within the specified timeframe constitutes acceptance of the Products as delivered, and the Purchaser waives the right to any claims regarding defects or errors.
8.2 Return Procedure
To return Products, the Purchaser must:
- Obtain return authorization by contacting the Company's customer service.
- Provide supporting details, including the order number, product description, and reason for return.
- Submit evidence (photos and a description of defects or incorrect items).
- Follow the Company’s shipping instructions for returning the Products.
🚨 Returns without prior authorization will not be accepted and may be refused upon arrival.
8.3 Return Costs and Liability
For EU and UK Purchasers:
-
If the return is due to a defect or Company error, the Company will:
- Cover return shipping costs.
- Provide a replacement, refund, or credit note at its discretion.
- If the return is for any other reason (e.g., incorrect order placed by the Purchaser), the Purchaser bears all return shipping costs.
🚨 Important:
- Returned Products must be in their original condition, unused, and in original packaging.
- The Company reserves the right to refuse returns if the Products do not meet these conditions.
8.4 Refund and Replacement
If a defect or error is confirmed by the Company, the following resolutions will be offered at the Company’s sole discretion:
- Replacement of the defective or incorrect Products.
- A credit note for future purchases.
- A refund of the purchase price.
Refunds will be processed within 14 business days after the Company receives and inspects the returned Products.
8.5 Complaints Procedure
- Complaints regarding hidden manufacturing defects must be submitted in writing within five (5) business days of discovery, but no later than two (2) years from the delivery date.
- Complaints must include:
- A detailed description of the issue.
- Photographic evidence.
- Samples (if applicable) of the defective Product.
All complaints will be reviewed under the warranty terms outlined in Article 10. The Company may request additional evidence before processing a claim.
Article 9: Exclusion of Consumer Rights
9.1 Business-to-Business (B2B) Transactions Only
These Terms and Conditions are exclusively for business-to-business (B2B) transactions and do not grant the Purchaser any rights typically provided under EU or UK consumer protection laws.
As a business customer, the Purchaser acknowledges that:
- There is no statutory right of withdrawal (cooling-off period) under EU or UK consumer laws.
- Consumer-specific return and refund rights do not apply.
- Provisions protecting individual consumers from unfair contract terms do not extend to B2B agreements.
- All transactions are subject only to commercial contract law, as outlined in these Terms.
By entering into this contract, the Purchaser expressly confirms that they are acting in a business capacity and not as a consumer as defined under Directive 2011/83/EU (for the EU) and the UK Consumer Rights Act 2015.
9.2. Assumptions of a Professional Buyer
As a business customer, the Purchaser is presumed to:
-
Have the necessary professional expertise and knowledge to assess the suitability of the Products for their intended use.
-
Be capable of making informed purchasing decisions without requiring consumer-style protections.
-
Understand that B2B transactions operate under different legal frameworks compared to consumer sales.
- The Purchaser acknowledges that local currency display during browsing does not affect the actual transaction currency. All purchases are finalized in EUR (€), and any fluctuations in exchange rates are beyond the Company’s control.
The Purchaser agrees that their legal remedies are governed solely by these Terms and Conditions and applicable commercial laws rather than consumer protection laws.
Article 10: Warranty and Liability
10.1. Warranty Period
The Company provides a two (2)-year warranty from the date of delivery, covering:
-
Manufacturing defects
-
Defects in materials
The warranty does not cover:
-
Normal wear and tear
-
Damage caused by improper use, handling, or incorrect installation
-
Alterations, modifications, or repairs made by the Purchaser or a third party
-
External factors such as water damage, fire, or other environmental influences
Warranty claims are subject to the conditions outlined in these Terms. Free samples are excluded from warranty coverage.
10.2. Warranty Claims
To make a warranty claim, the Purchaser must:
-
Notify the Company in writing within the warranty period.
-
Provide evidence of the defect, including a detailed description and clear photographs.
-
Submit proof of purchase, such as an invoice or receipt.
-
Follow the Company’s return or inspection instructions, if required.
Once a claim is submitted, the Company will verify the defect. If covered under warranty, the Company will:
-
Repair or replace only the defective Products (not the entire order unless the entire order is defective).
-
If repair or replacement is not feasible, issue a refund for the defective Products only.
The Purchaser is responsible for any removal and reinstallation costs related to warranty claims.
10.3. Liability for Defects
The Company’s liability for defects is strictly limited to:
-
Repair or replacement of the defective Products only.
-
If repair or replacement is not possible, a refund will be issued for the defective Products only.
The Company is not liable for:
-
Indirect or consequential damages, including but not limited to:
-
Loss of profit
-
Loss of business
-
Loss of goodwill
-
Additional costs incurred due to delays, project disruptions, or installation failures
-
Any damages resulting from improper handling, incorrect installation, or misuse by the Purchaser.
10.4. Limitations for B2B Transactions
For business customers, the Company’s liability is limited as follows:
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The Company is not liable for indirect, incidental, or consequential damages, including lost revenue or operational losses.
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The total liability of the Company for any claims related to the sale of Products shall not exceed the purchase price of the defective Products only, not the entire order.
The Purchaser acknowledges and agrees that these limitations are reasonable and customary in B2B transactions and form an essential basis for the Company’s pricing and risk allocation.
Article 11: Data Protection
11.1. Data Collection
The Company collects and processes personal data of the Purchaser’s representatives and employees as part of business transactions. The types of data collected may include:
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Company and representative details (name, business address, email, phone number).
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Payment and invoicing information (billing details, VAT number, payment method).
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Order history and communication records (orders placed, customer service inquiries, business correspondence).
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Website interaction data (if applicable, for account creation or order tracking).
The Company processes only the data necessary to fulfill contractual and legal obligations.
11.2. Lawful Basis for Data Processing
The Company processes data in accordance with the General Data Protection Regulation (GDPR – Regulation (EU) 2016/679) under the following legal bases:
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Contractual Necessity: Data is processed to fulfill orders, manage transactions, and provide customer service.
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Legal Obligation: Data is retained and processed for accounting, taxation, and regulatory compliance.
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Legitimate Interest: Data may be used to enhance business operations, customer relations, and service improvements.
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Consent (for Marketing Communications): If the Purchaser opts in, data may be used for newsletters, promotions, or event invitations. The Purchaser may withdraw consent at any time.
11.3. Data Use and Retention
The collected data is used for the following purposes:
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Processing and fulfilling orders, including invoicing and logistics coordination.
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Managing customer accounts and providing customer support.
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Communicating with the Purchaser regarding orders, services, and business updates.
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Complying with legal and tax obligations.
Data Retention Period:
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Business transaction records (invoices, contracts, correspondence) are retained for at least 7 years in compliance with EU accounting and tax regulations.
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Marketing data is retained until the Purchaser withdraws consent.
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Data related to inactive accounts may be deleted after 2 years unless required for legal reasons.
11.4. Data Protection and Security Measures
The Company implements technical and organizational security measures to protect personal data from unauthorized access, alteration, loss, or breach. These measures include:
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Data encryption and secure storage of sensitive information.
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Access controls ensuring only authorized personnel handle data.
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Regular security audits to ensure compliance with GDPR standards.
11.5. Third-Party Data Sharing
The Company does not sell or share personal data with third parties, except in the following cases:
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Service providers: Data may be shared with logistics companies (e.g., DHL, UPS) and payment processors (e.g., Stripe, PayPal) to facilitate transactions.
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Legal compliance: Data may be disclosed to tax authorities, regulators, or legal bodies if required by law.
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Marketing platforms (only with consent): If the Purchaser has opted in, data may be processed for marketing purposes via third-party email or CRM services.
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Analytics and Performance Tracking: The Company may use third-party analytics providers (e.g., Google Analytics, Meta Business Suite) to track website performance, measure user interactions, and optimize services. Data collected through these tools may include browsing behavior, device information, and purchase history but will be anonymized where possible.
If data is transferred outside the EU, the Company ensures that appropriate safeguards, such as EU Standard Contractual Clauses (SCCs), are in place.
11.6. Purchaser’s Rights Under GDPR
The Purchaser (or its representatives) has the following rights regarding personal data:
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Right to Access: Request a copy of personal data held by the Company.
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Right to Rectification: Correct inaccurate or incomplete data.
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Right to Erasure ("Right to be Forgotten"): Request deletion of personal data under certain conditions.
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Right to Restriction of Processing: Limit data processing in specific cases.
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Right to Data Portability: Receive personal data in a structured, machine-readable format.
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Right to Object: Object to data processing for direct marketing or legitimate interest purposes.
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Right to Lodge a Complaint: File a complaint with a Data Protection Authority (DPA) if they believe their data rights have been violated.
To exercise these rights, the Purchaser can contact info@kandes.eu.
11.7. Privacy Policy Reference
For more details on data processing, storage, and security, the Purchaser is encouraged to review the Company’s Privacy Policy, available at www.kandes.eu/privacy-policy.
Article 12: Intellectual Property
12.1. Ownership and Rights Reserved
The Company retains all intellectual property rights related to its Products, website content, trademarks, designs, patents, marketing materials, and technical documentation. These rights are protected under Swiss and EU intellectual property laws and remain the exclusive property of the Company.
The Purchaser does not acquire any ownership rights in the Company’s intellectual property through purchasing, distributing, or reselling the Products.
12.2. Usage Restrictions
The Purchaser is granted a limited, non-exclusive, non-transferable, revocable right to use the Products strictly for their intended business purpose. The Purchaser must not:
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Reproduce, modify, distribute, or create derivative works based on the Company's intellectual property without explicit prior written consent.
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Use the Company’s trademarks, trade names, logos, or proprietary graphics in marketing, advertising, or promotional materials without formal authorization.
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Remove, alter, or obscure any branding, trademarks, or legal notices on the Products or packaging.
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Reverse engineer, decompile, disassemble, or otherwise attempt to access the underlying components (e.g., formulations, manufacturing processes, source code of digital materials).
12.3. Resale and Branding Restrictions
The Purchaser may not rebrand, repackage, or modify the Company’s Products for resale under their own brand name without prior written approval. Any unauthorized rebranding or misrepresentation of the Company’s Products constitutes a breach of these Terms and may lead to legal action.
12.4. Improvements, Modifications, and Feedback
If the Purchaser provides feedback, suggestions, or proposes modifications to the Company’s Products, services, or business practices:
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The Company retains full ownership of any resulting ideas, developments, or improvements.
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The Purchaser assigns all rights, titles, and interests in such feedback or modifications to the Company without compensation unless otherwise agreed in writing.
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The Company reserves the right to use, commercialize, or integrate such feedback into its business operations without restrictions.
Article 13: Governing Law and Jurisdiction
13.1 Governing Law
These Terms and all transactions between the Company and the Purchaser shall be governed exclusively by Bulgarian law, in accordance with EU commercial regulations.
This applies to all Purchasers, including those based in the United Kingdom. While UK business regulations may differ from EU law, the Purchaser agrees that Bulgarian law remains the governing legal framework for all contracts with the Company.
By entering into a contract with the Company, the Purchaser waives the right to request the application of their local law and agrees that all contractual matters shall be interpreted under Bulgarian law.
13.2 Jurisdiction and Dispute Resolution
Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the competent courts in Varna, Bulgaria, unless otherwise agreed upon in writing by both parties.
Alternative Dispute Resolution (ADR) Option
If both parties mutually agree, disputes may be resolved through mediation or arbitration under the rules of the Bulgarian Chamber of Commerce and Industry (BCCI).
- Mediation will be non-binding unless both parties agree to a settlement.
- Arbitration, if chosen, will be final and binding, conducted in English or another mutually agreed language.
13.3 Enforcement in the UK and Other Jurisdictions
- The Company reserves the right to initiate legal proceedings in the Purchaser’s jurisdiction (including the UK) if necessary to enforce payment obligations or contractual breaches.
- UK-based Purchasers acknowledge that judgments issued by Bulgarian courts may be enforced in the UK under applicable international enforcement mechanisms.
Article 14: Changes to the Terms and Conditions
14.1. Right to Modify T&C
The Company reserves the right to modify, update, or revise these T&C at any time to reflect:
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Changes in legal and regulatory requirements.
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Adjustments to business operations or pricing models.
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The introduction of new services or products.
Revised T&C will take effect upon publication on the Company’s website, unless otherwise stated.
14.2. Purchaser Notification & Acceptance
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The Company will notify the Purchaser of any material changes via email or a prominent notice on the Company’s website at least thirty (30) calendar days before the changes take effect.
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The Purchaser’s continued use of the Company’s services, website, or purchase of Products after the effective date of the updated T&C shall be considered acceptance of the revised terms.
If the Purchaser does not agree to the revised T&C, they must cease placing new orders and notify the Company in writing before the changes take effect.
Article 15: Customer Service
15.1. Contact Information
For any inquiries, assistance, or support, the Purchaser may contact the Company’s customer service team using the following details:
📞 Phone Number: +41 (0) 76 673 7211 (international rates may apply)
📧 Email Address: info@kandes.ch
🕘 Business Hours: Monday – Friday, 09:00 – 17:00 CET
15.2. Complaint Handling Procedure
If the Purchaser has any complaints or disputes regarding the Products or services, they must follow the steps below:
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Initial Contact: The Purchaser must contact the Company’s customer service team via email or phone with a detailed description of the issue. Supporting documentation (such as photos of defective goods or proof of order) should be provided where relevant.
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Complaint Review: The Company will review the complaint within five (5) business days and may request additional information or evidence.
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Resolution Process: The Company will aim to resolve the issue as quickly as possible. The Purchaser will be notified of the proposed resolution via email within fourteen (14) business days after the review process is complete.
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Escalation: If the Purchaser is dissatisfied with the proposed resolution, they may request that the complaint be escalated to senior management for further review.
The Company strives to resolve all complaints fairly and efficiently, but submission of a complaint does not automatically entitle the Purchaser to a refund, replacement, or other compensation.
Article 16: Dispute Resolution
16.1. Initial Resolution Attempt
The Company and the Purchaser shall first attempt to resolve any disputes amicably through negotiation. The Purchaser agrees to notify the Company in writing of any dispute within thirty (30) calendar days of the issue arising and to allow the Company reasonable time to respond.
16.2. Alternative Dispute Resolution (ADR) – Mediation
If the dispute cannot be resolved through direct communication, both parties agree to attempt mediation before resorting to litigation.
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The parties will jointly select a neutral mediator registered with an EU-recognized ADR body.
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The costs of mediation shall be shared equally between the Purchaser and the Company, unless otherwise agreed.
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Mediation will be conducted in English or another mutually agreed language.
16.3. Arbitration Clause (Optional – Only if both parties agree in writing)
If mediation does not resolve the dispute, the parties may mutually agree to submit the dispute to binding arbitration. The arbitration will be:
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Conducted in accordance with the Rules of the Bulgarian Chamber of Commerce and Industry (BCCI).
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Held in Varna, Bulgaria, with proceedings conducted in English.
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Final and binding on both parties.
16.4. Court Proceedings
If mediation does not lead to resolution, and arbitration is not agreed upon, either party may bring the dispute before the competent courts of Varna, Bulgaria, which shall have exclusive jurisdiction over any legal proceedings.
16.5. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of Bulgaria, as the Company is registered in Bulgaria. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Article 17: Use of the Webshop
17.1. Account Creation
The Purchaser may create an account to place and manage orders through the Company’s webshop. During the account registration process, the Purchaser must provide accurate and complete information. The Purchaser is responsible for ensuring that their account details remain up to date.
17.2. Confidentiality of Account Login
The Purchaser must keep their account credentials confidential and not share them with third parties. The Purchaser is fully responsible for any activity conducted under their account, whether authorized or unauthorized. Any suspected unauthorized access must be reported to the Company immediately.
17.3. Security Obligations
The Purchaser is responsible for maintaining the security of their account, including:
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Using a strong password and changing it regularly.
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Preventing unauthorized access by third parties.
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Reporting any suspected security breaches immediately.
The Company is not liable for any losses or damages resulting from the Purchaser’s failure to secure their account.
17.4. Accuracy of Webshop Content
The Company strives to ensure accuracy in product descriptions, pricing, and specifications but does not guarantee that all content is error-free. The Purchaser acknowledges that:
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Images are for illustrative purposes only and may not exactly match the final Product.
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Technical specifications are subject to change at the Company’s discretion.
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Product availability may vary based on stock levels and supply chain factors.
- Prices displayed in a local currency are for informational purposes only. The final purchase price will be in EUR (€) at checkout, and the Purchaser’s payment provider will handle any necessary currency conversion. Kandes is not responsible for any differences in final charges due to fluctuating exchange rates or conversion fees applied by payment providers.
If the Purchaser has any doubts or requires clarification, they are encouraged to contact customer service before placing an order.
17.5. Pricing and Errors
The Company reserves the right to correct errors in pricing, availability, or descriptions at any time. If an error is discovered after an order is placed, the Company will notify the Purchaser and offer the option to:
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Proceed with the corrected price/specification, or
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Cancel the order and receive a full refund.
The Company is not obligated to fulfill orders at incorrect prices.
17.6. Modifications and Webshop Availability
The Company reserves the right to modify, update, suspend, or discontinue the webshop at any time, including product listings, features, or terms of access.
17.7. Termination of Account
The Company reserves the right to terminate, suspend, or restrict access to the Purchaser’s account in the following cases:
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Violation of these Terms and Conditions.
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Fraudulent, abusive, or illegal activities.
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Repeated order cancellations or non-payment.
The Company is not obligated to provide prior notice before terminating an account.
17.8. Certifications & Compliance
Kandes 3D panels comply with recognized industry standards for fire safety and construction materials. Specifically:
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The panels are A1 non-combustible, tested according to EN 13501-1.
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They have passed the EN ISO 1182 combustibility test, ensuring they do not contribute to fire spread or release hazardous substances in case of fire.
The Purchaser is responsible for verifying that these certifications meet specific local regulations for their project.
Article 18: Final Provisions
18.1. Severability Clause
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remainder of the Terms shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced or modified to the minimum extent necessary to make it valid, legal, and enforceable, while maintaining the original intent of the provision as closely as possible.
18.2. Force Majeure
The Company is not liable for any failure to perform, or delay in performing, its contractual obligations if such failure or delay is caused by a Force Majeure Event.
Force Majeure Events include, but are not limited to:
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Natural disasters (earthquakes, floods, fires, extreme weather conditions).
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War, riots, acts of terrorism, or armed conflicts.
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Governmental actions (embargoes, trade restrictions, regulatory changes).
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Labor strikes, lockouts, or industrial disputes affecting third-party suppliers.
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Supply chain disruptions (shortages of materials, logistics failures).
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Cyberattacks, network failures, or IT system disruptions affecting business operations.
If a Force Majeure Event occurs:
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The Company will notify the Purchaser as soon as reasonably possible.
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The Company will make reasonable efforts to minimize the impact on performance.
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If the Force Majeure Event prevents fulfillment for more than 60 days, the Company reserves the right to terminate the contract by written notice.
The Purchaser shall not have the right to cancel or terminate the contract due to a Force Majeure Event unless otherwise agreed in writing.
18.3. Suspension and Termination
The Company reserves the right to suspend or terminate the contract with the Purchaser under the following circumstances:
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Material breach of these Terms by the Purchaser.
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Non-payment or repeated late payments beyond the agreed payment terms.
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Fraud, misrepresentation, or illegal activities by the Purchaser.
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Failure to comply with regulatory requirements affecting the transaction.
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Force Majeure Event lasting more than 60 days with no resolution.
In case of termination:
-
The Company will notify the Purchaser in writing.
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Any payments for undelivered goods will be refunded, unless the suspension/termination was due to a breach by the Purchaser.
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The Company is not liable for damages, compensation, or claims resulting from the suspension or termination of the contract.
18.4. Entire Agreement & No Waiver
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These Terms and Conditions, along with any written agreements between the Purchaser and the Company, constitute the entire agreement between the parties.
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No oral agreements, prior terms, or implied conditions shall apply unless explicitly agreed in writing.
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A failure by the Company to enforce any provision of these Terms shall not be considered a waiver of its rights to enforce it in the future.
18.5. Language & Legal Precedence
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These Terms and Conditions are drafted in English.
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Any translations provided are for reference only.
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In case of discrepancies between the English version and any translation, the English version shall prevail.

