Conditions of Sale
Article 1: General
KARIBOO! NV, with registered office at Vlamingstraat 18, 8560 Wevelgem, hereinafter referred to as “KARIBOO!”, provides private individuals with the opportunity to send packages through its network of collection points, referred to as “kariboo! spots”. KARIBOO! can be reached at [firstname.lastname@example.org].
Access to, and the use of, KARIBOO!’s website www.kariboo.be imply the unconditional acceptance of these Terms and Conditions, as they exist at the time of the access and use, to the exclusion of all other terms and conditions. No derogation from these Terms and Conditions will be accepted without KARIBOO!’s express written consent.
KARIBOO! may amend and update these Terms and Conditions at any time. Amendments to these Terms and Conditions apply when published on KARIBOO!’s website. It is recommended that the Sender regularly consults the terms and conditions on KARIBOO!’s website.
Article 2: Definitions
For the purposes of these Terms and Conditions, the following terms have the following meanings:
- Label: the label as provided by KARIBOO!, featuring a unique barcode.
- Kariboo!-Spot: the location in Belgium where a Package can be dropped off for shipment or where the Recipient can pick up the Package. A list of Kariboo!-Spots is available on the Website.
- Package: the package, the delivery of which will be carried out by KARIBOO! on behalf of the Sender.
- Recipient: the person to whom the Package must be delivered.
- Sender: the physical or legal person who consults the Website and/or concludes a contract to send a Package with KARIBOO! The Sender must be at least 18 years old.
- Terms and Conditions: these general terms and conditions.
- Website: KARIBOO!’s website. www.kariboo.be.
Article 3: Use of the Website
In order to access and use KARIBOO!’s services, the Sender must register on our Site in advance. When registering, the Sender agrees to provide complete and accurate information.
KARIBOO! shall take all appropriate measures in order to best secure the access, consultation and use of the Website. KARIBOO! reserves the right to suspend or temporarily interrupt or suspend access to the Website in the event of force majeure or due to an event beyond KARIBOO!’s control and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Website. These interventions may be carried out without prior notice to the Sender and without any compensation of any kind for the Sender.
KARIBOO! will not be held liable in any way if the Sender is unable to access the Website and/or use it.
Article 4: How to send a Package?
A Sender wishing to send a Package inputs his/her information on the Website. He/she must then enter the shipment details (weight and dimensions of the Package, details of the Recipient, chosen Kariboo!-Spot, etc.).
Based on the information entered, the Website displays the Package delivery cost. The Sender may then cancel or confirm the shipment.
If the Sender confirms the shipment, he/she then selects the payment method. Once the Sender confirms the shipment and payment, he/she receives a notification and Label by email. This email constitutes acceptance of the order by KARIBOO!. The Label is valid for 45 days.
The Label must be printed and firmly attached to the Package’s longest side. The Label must be visible and legible.
To send the Package, the Sender simply drops the Package off at a Kariboo!-Spot.
Article 5: Right of withdrawal
If the Sender is a consumer, he/she has the right to withdraw from this contract without reason within 14 (fourteen) days. The withdrawal period expires fourteen 14 (fourteen) days from the date the Sender concluded the contract.
To exercise the right of withdrawal, the Sender must inform KARIBOO! of his/her decision to withdraw from the relevant contract by unequivocal statement (e.g. by letter, fax or email). The Sender may also complete the withdrawal form on www.kariboo.be and submit this, or any other unequivocal statement, through the aforementioned website. The Sender will receive a message confirming receipt of the withdrawal on a durable medium (e.g. email).
Once the Package is dropped off at a Kariboo!-Spot, the Sender can no longer exercise his/her right of withdrawal.
If the Sender validly cancels the contract, all payments made to KARIBOO! up to that point will be refunded. Refunds will be given promptly and in all cases, no later than 14 (fourteen) days after KARIBOO! was informed of the Sender’s decision to withdraw from the contract. KARIBOO! will refund the Sender by bank transfer to the bank account number provided by the Sender in Belgium.
Article 6: Conditions for the acceptance of a Package
Packages may not weigh more than 20kg and the dimensions may not exceed the following dimensions: 50cm x 50cm x 50cm.
The Sender agrees to package the Package so that the contents do not move or shift. The Package must be packaged in such a way that, if dropped from a height of 1m, it will not sustain damage. The packaging must be completely sealed so that the contents cannot be accessed without leaving a mark. In addition, the Package must not cause a hazard or danger to the transport or stowing of goods, staff, other goods transported, the vehicle or third parties.
The following goods are excluded from shipment (non-exhaustive list):
- all Packages covered by national and international regulations on hazardous products such as, but not limited to: weapons, ammunition, gas, explosives, flammable, radioactive, toxic and corrosive substances, as well as any objects that, by their nature or their conditioning, may pose a danger to the human environment or cause damage to other transported packages;
- liquids, fragile goods, food, jewellery, precious stones, securities, precious metals, coins, currency, bank notes, cash securities, counterfeit goods, living or dead animals, drugs and narcotics;
- Packages the transport or contents of which conflicts or is inconsistent with legislation.
KARIBOO! has the right to open and inspect Packages without notice. KARIBOO! reserves the right to refuse Packages without recourse or compensation to the Sender if it deems the Package does not comply with the provisions of this Article.
All damages incurred by KARIBOO! resulting from the Sender’s non-compliance with its obligations will be recovered in full from the Sender.
Article 7: Time for delivery
KARIBOO! will make its best efforts to deliver the Package within the timeframe stated on the Website. However, KARIBOO! is under no obligation of result regarding the delivery times of the Package.
Any delays in the delivery of a Package will not entitle the Seller and/or the Recipient to claim for damages and/or terminate the contract.
Article 8a: Delivery to a collection point (Kariboo!-Spot)
The Package will be delivered by KARIBOO! (or its appointee) to the Kariboo!-Spot specified by the Sender. KARIBOO! reserves the right to deliver the Package to a different Kariboo!-Spot in the event the Kariboo!-Spot selected by the Sender is temporarily or permanently unavailable (due to holiday closure, force majeure, etc.). In this event, the Sender will be timely informed.
The Recipient will be informed by [email] that the Package is available for pick-up at the Kariboo!-Spot. The Package will be issued to the Recipient on presentation of identification and the e-mail notification.
Packages will remain available for pick-up by the Recipient at the Kariboo!-Spot for 14 (fourteen) days.
Article 8b: Delivery to a home address:
The Package will be delivered by KARIBOO! (or its designee) to the home address provided by the Sender. If the delivery address has a lobby or reception area, the Package may be delivered to this lobby or reception area. If the Recipient is not available at the time of delivery, the driver may leave the Package with the Recipient’s neighbours. The driver will leave notice at the Recipient’s address.
Article 9: Uncollected Packages at a collection point
Packages not collected within 14 (fourteen) days after delivery at the Kariboo!-Spot will be returned to KARIBOO!’s depot. The Sender will be notified thereof by [email].
The Sender undertakes to contact the Kariboo!-desk by email at email@example.com within  days following the return of the Package to KARIBOO!’s depot to work out an arrangement. Failing this, KARIBOO! may release or destroy the Package without being liable to the Sender or any other party in this regard.
Article 10: Complaints
KARIBOO! takes customer complaints seriously. We have created a contact form on our Website to handle complaints. The Sender may use this form if his/her issue was not resolved by, e.g. reading the frequently asked questions (FAQ) on our Website.
Any complaint with regard to visible defects to the Package should be reported immediately at the time of delivery.
The Sender must notify KARIBOO! of any complaints concerning latent damage or abnormalities of Packages, in writing by registered and ordinary post, no later than seven (7) days after delivery of the Package to the Recipient. After this date, no complaints will be accepted and the Packages will be deemed to have been delivered in perfect condition.
Complaints will be handled and closed by KARIBOO! within three (3) months of the registration of the complaint.
If, after examination by KARIBOO!, a payment for damages is awarded, this will be paid directly to the Sender.
If the Sender is not satisfied with how his/her complaint was handled by KARIBOO!, he/she may raise the matter with the Office of the Ombudsman for the postal sector: Koning Albert II-laan 8 bus 4, 1000 Brussels, telephone: 02 221 02 20, email: firstname.lastname@example.org.
Article 11: KARIBOO!’s liability
KARIBOO!’s liability in the event of loss or damage to a Package is limited to compensation of direct damages and is in all cases resolved in accordance with the CMR Convention of 19 May 1956, with a maximum of 8.33 SDR (Special Drawing Rights) per kilogram. Any liability for indirect damage is excluded.
If the Sender requires greater protection, KARIBOO! can provide an additional guarantee at an additional cost, which covers the actual value of the Package, up to a maximum value of €500 including VAT, as indicated on KARIBOO!’s website.
The Sender must demonstrate the actual value of the Package by submitting evidence, e.g. an invoice.
KARIBOO! is not liable for:
- Consequential damages (whether financial or intangible)
- Loss or damage to Packages which, under Article 6 of these Terms and Conditions, are excluded from shipment. KARIBOO! is in no way required to examine the contents of the Packages.
- Loss or damage caused by the conduct or negligence of the Sender, the Recipient or their agents or representatives.
- Damage to returns by KARIBOO! to the Sender (Article 9 of the Terms and Conditions), with the exception of deliberate intent or gross negligence on its part or on the part of its agents”.
KARIBOO! cannot be held liable if third parties use its name or services to uncover sensitive personal or business information. Although KARIBOO! is not responsible for these acts, we do strive to prevent such practices.
Article 12: Intellectual Property
The Website and all its contents are protected by copyright and related rights and all other intellectual property rights, globally.
Article 13: Processing of personal data
By creating an account on the Website and by using KARIBOO!’s services, the Sender accepts KARIBOO!’s processing of his/her personal data (including, but not limited to, his/her name, address, telephone number, email address, etc.) in accordance with the Act of 8 December 1992 on Privacy Protection in relation to the Processing of Personal Data.
In the event the Sender provides KARIBOO! third-party data, the Sender guarantees he/she has received the third party’s prior consent to disclose this data and that the third party is aware of, and consents to, any use by KARIBOO! of this data.
KARIBOO! will only use the Sender's personal data to carry out shipment contracts and returns of Packages, if any, for marketing purposes and for compliance with KARIBOO!’s legal obligations. In all cases, this data may be disclosed to companies KARIBOO! uses to carry out its obligations under the contract with the Sender.
The Sender has a right to access, object to, correct and delete his/her personal data. The Sender also has the right to object to the use of his/her personal data for commercial or marketing purposes. The Sender may exercise this right by sending a letter to the following address [Vlamingstraat 18, 8560 Wevelgem] or by sending an email to the following email address; [email@example.com].
Article 14: Force majeure
KARIBOO! cannot be held liable in the event of the non-performance, in whole or in part, of its obligations if this non-performance is due to force majeure or any other cause beyond its control, including but not limited to, storms, floods, war, terorism, strike, etc.
Article 15: Other provisions
The non-applicability of any provision of these Terms and Conditions will not affect the validity of the remaining provisions. The Parties will immediately take the necessary steps to replace the relevant provision with a valid provision that most closely approximates the original intent of the parties.
Article 16: Governing law and jurisdiction
These Terms and Conditions are governed by the laws of Belgium. The Convention on the Contract for the International Carriage of Goods by Road (CMR) of 19 May 1956 also applies to logistics services. In the event of a dispute, the courts of Brussels have sole jurisdiction.