These Terms and Conditions (T&C) shall apply to all business relationships between the platform Home Kool Home® Distribution and all professional customers (referred to below as ‘the Customer’).

Home Kool Home® is a registered trademark of the company Lijol, SA based at Noé Pereira, 91, 4510-706 Fânzeres, Porto, Portugal with VAT number 509101410.

1. SCOPE OF APPLICATION

Any order of Products placed on the Website implies the Customer’s full and complete acceptance of these T&C, which alone will govern the sales of Products and their delivery. These T&C take precedence over any conditions outlined in the customer's purchasing documents, unless otherwise agreed upon in writing.

The fact that Home Kool Home® Distribution does not apply one of these Conditions cannot, under any circumstances, be interpreted as a waiver by it of applying it at a later date.

Home Kool Home® Distribution reserves the right to adapt or modify these T&C at any time. The updated version of the T&C is available on the Website. The Customer will be informed of the new T&C pursuant to an online modification and the new conditions will be automatically applicable only to sales made after they have been published.

2. REGISTATION ON HOME KOOL HOME® DISTRIBUTION

Access to the Website is strictly reserved for Professionals. Any individual or private or public legal entity purchasing products via the www.hkhdistribution.com website as part of their trading activity is considered to be a professional.

As all communications between the Customer and the Website are essentially carried out by email exchanges, it is essential that the Customer enters a valid email address in his or her account information. Home Kool Home® Distribution cannot be held responsible for any consequences resulting from the absence of a valid email address.

If the user is an individual, they must be legally of age and have full legal capacity. Home Kool Home® Distribution reserves the right to request additional documentation to verify the user's identity, company information, or other necessary details, insofar as security requirements, legislation or other circumstances make this appear necessary.

Home Kool Home® Distribution reserves the right to reject or revoke the conclusion of a user agreement without stating reasons or to restrict user functions, in particular due to (a) false information provided upon registration; (b) doubts regarding the user's authority to represent the company and the user's legal existence and commercial use; (c) doubts or suspicion about the seriousness and creditworthiness of the applicant/user; (d) suspicion of unfair business practices on Home Kool Home® Distribution or competitive interests against Home Kool Home® Distribution; (e) violations of these Terms and Conditions.

3. PRODUCTS

3.1 Products Information

Subject to availability, the Products offered for sale by Home Kool Home® Distribution are those listed on its website (referred to below as ‘the Offer’).

There may be slight differences between the Products delivered and those represented on the Website. As long as they do not denature the Products or affect their quality, such differences cannot justify a cancellation of the order or a refusal of the delivery.

The photographs of the Products published on the Website or in the digital catalogues may differ from the purchased Product in terms of colour rendering due to technical difficulties linked, in particular, to Internet browsers and/or display monitors. Home Kool Home® Distribution cannot be held liable for the inaccuracy resulting from such differences.

3.2 European Standards and Regulations

The products presented for sale on the Website comply with European standards and regulations. Consequently, in the event that the Customer envisages directly or indirectly marketing the Products in a territory other than the European Union, it will be solely responsible for verifying the standards and specific markings that may be applicable and for ensuring that they are respected in the territory in question. Home Kool Home® Distribution cannot, under any circumstances, be held liable for the harmful consequences that may result for the Customer from any non-compliance of the Products with local standards.

Furthermore, due to the nature of their use, some Products may not meet the specific requirements of the regulations applicable to establishments receiving the public (referred to below as ERP) and, in particular, fire-resistance standards. It is the customer's responsibility to verify the compatibility of the product with its intended use prior to making any purchase. Home Kool Home® Distribution cannot be held liable in the event of non-compliance with such requirements.

4. ORDERS

Quotes can be generated at the customer's request based on their specified needs. Any changes or additions to the products or services will require a new or supplementary quote.

All quotes must be specifically accepted by the Customer.

Any order by the Customer must be formally accepted by Home Kool Home® Distribution. Consequently, an order will be firm and definitive only once an order confirmation email has been sent to the Customer and the full amount of the order has been paid.

5. PRICE

The prices listed on the website are merely indicative and are subject to change. The prices of the Products that are applicable are those that apply on the day of the Customer’s order.

Prices are expressed in euros and are exclusive of tax.

6. PAYMENT CONDITIONS

The price is payable in full when the order is placed.

Home Kool Home® Distribution issues electronic invoices. By accepting the T&C, you agree to receive invoices in electronic format.

Payment can be made:
• By credit card;

Payment is secure: Credit card details are encrypted using SSL (Secure Socket Layer) and never pass unencrypted over the network. Payment is made directly to the bank and Home Kool Home® Distribution has no access to these details and cannot keep them on its servers. They are therefore requested for each new transaction on the website.

• By bank transfer using the IBAN which will be sent to you upon validation of your order.

Please note that your order cannot be validated and stocks reserved before receipt of payment.

In the event of the non-payment of the total or part of the price of the goods, the goods will remain the property of Home Kool Home® Distribution until full payment of the price by the Customer.

Home Kool Home® Distribution reserves the right to check the validity of the payment before the order is dispatched by any means it considers necessary (in particular, identity papers, proof of address, etc).

In the event of fraud, Home Kool Home® Distribution reserves the right to remove any customer without notice or compensation.

7. DELIVERY

7.1 Terms of Delivery

After the validation of your order, our customer service team will set with you the best delivery date. Home Kool Home® Distribution cannot be held liable to the Customer in the event of a change in these times and/or a delay in delivery by the carrier.

If the Customer is absent at the time of the delivery by the carrier, the delivery may give rise to the payment of additional delivery costs, storage and/or warehousing costs.

7.2 Place and Manner of Delivery

Home Kool Home® Distribution undertakes to deliver Products that conform with the order in packaging conditions that are sufficiently good to protect their integrity.

Delivery will be made to the address indicated by the Customer when placing the order by handing over the Products directly to the Customer, provided the latter has supplied all of the details necessary for their correct delivery.

Deliveries can be total or partial and will be carried out, at the choice of Home Kool Home® Distribution, by external partner carriers.

8. B2B WARRANTIES - RETURNS

8.1 Guarantee of Conformity

Any complaint about apparent defects or the non-conformity of the Products delivered by Home Kool Home® Distribution must, under penalty of being time-barred, be sent to Customer Services via the form provided for such purpose on the Website under the ‘Contact Us’ heading within a maximum period of five working days from delivery.

Any return of Products must first be accepted by Home Kool Home® Distribution. In default, the return will be made at the Customer’s expense and risk.

In the event of a proven defect or non-conformity with the order, Home Kool Home® Distribution will carry out the standard exchange or reimbursement of the Product or Products in question. The liability of Home Kool Home® Distribution is limited to the replacement or reimbursement of the Products in question. No compensation of any kind can be claimed by the Customer. In any event, the requests for replacement or reimbursement of defect products can be accepted and analysed only after receipt of the so-called defective products where this has been requested by Home Kool Home® Distribution.

8.2 Returns

Unless you have any problem with your order, like receiving a product that you didn't order, receiving an incomplete order, or apparent product defects, you cannot return a product without no reasons.

If Home Kool Home® Distribution accepted the return the returned Product must be returned in a condition that allows it to be immediately sold again. The Product must, therefore, be returned in new condition together with all of the instructions and accessories that were delivered with it and in its original packaging.

9. EXCLUSION FROM B2B WARRANTY

The Home Kool Home® Distribution B2B warranties are excluded in the following situations:

• Abnormal and/or non-conforming use of the Product with respect to its specifications;
• Negligence and/or fault of the Customer in the storage/maintenance of the Product;
• Natural wear and tear of the Product;
• Use of the products outdoors, except for the Products specially designed for such purpose;
• Discolouration due to light, particularly in all fabric products;
• Non-compliance with precautions, advice and instructions on the use, assembly, maintenance, storage, preservation or protection of the products;
• Shocks or falls of any kind to the Products;
• All faults or defects resulting from lightning, floods, fire, torrential rain, storms, hurricanes, high water, hail or any other force majeure event;
• The addition or replacement of parts that do not comply with those recommended by the brand;
• Changing the structure of the product itself;
• Work on or repairs to the products other than within the scope of the warranty;
• In the event of the sale by the Customer of a product displayed in a shop;
• For the intensive and continuous use of the Products.

10. LIABILITY

Home Kool Home® Distribution cannot be held liable for any indirect and non-consecutive damage such as, and without this list being considered exhaustive, prejudice or commercial problems, loss of customers, loss of profit, income or operation, loss of brand image or data.

11. INTELLECTUAL PROPERTY

The Products sold on the Website are protected by various intellectual and industrial property rights. These intellectual property rights are and remain the exclusive property of the Home Kool Home® Distribution Suppliers.

Home Kool Home® Distribution, in its role as licensee, authorises the Customer to use, reproduce and exploit the visuals and intellectual property rights solely in the context of the promoting and marketing of the Products. The use of the trademarks and/or visuals of the Products and/or logos and/or media for distribution and reproduction and/or any other element of communication referred to in the previous paragraph may be limited in order to preserve the specific and exclusive agreements referred to by certain brands.

Any registration by the Customer of trademarks, designs, models, distinctive signs in general or any reservation of domain name or usernames that include an intellectual property right belonging to Home Kool Home® Distribution Suppliers. is strictly prohibited.

Any purchase of keywords such as ‘Google Adwords’, commercial links or other Internet referencing must be applied in accordance with the relevant legislation and case law and, in particular, not be used in such a way as to create confusion between the Customer and the Home Kool Home® Distribution and/or Home Kool Home® Distribution Suppliers.

The Customer is not authorised to modify the Product visuals, brands, packaging, presentation and distinctive signs and/or use them in a modified presentation. Home Kool Home® Distribution reserves the right to monitor the use that the Customer makes of such brands, visuals and distinctive signs.

Home Kool Home® Distribution and/or Home Kool Home® Distribution Suppliers cannot be liable for any product name, collection name, visual or logo reproduced by the Customer on any promotional or information medium.

In the event of resale on ‘marketplace’ platforms by the Customer of any Product purchased on the Website, the Customer undertakes to refer to the brand of the Products. This statement is compulsory on all product sheets and the Customer is prohibited from referring to its trading name or any of its brands so as to avoid any confusion in the mind of the consumer.

12. INTEGRALITY

If any of the clauses of this contract are declared to be null and void pursuant to a change in legislation or regulations or a court decision, this will not, under any circumstances, affect the validity of and compliance with all of the other provisions of these Terms and Conditions.

13. PROOF

The computerized registers that are held in the computer systems of Home Kool Home® Distribution and its partners under reasonable security conditions will be considered as proof of communications, orders and payments between the Parties.

14. DISPUTE RESOLUTION

In the event of a dispute, the customer may resort to the official Online Dispute Resolution (ODR) platform, regulated by the European Commission (ec.europa.eu/consumers/odr).

15. APPLICABLE LAW

The information on this website is governed by Portuguese legislation in force. The purchase and sale contracts made through this website are regulated and are in compliance with Portuguese law.