1. General Provisions
1.1. These General Terms and Conditions (the “Terms and Conditions” or GTC) define the use of our website accessible via www.enky.com, our offer of Furniture subscription and the services operated by Enky sprl, (hereinafter "Enky" "we" or "us") a Belgian company whose registered office is located at 4 avenue Ariane, 1200 Brussels, registered at the National Business Registration Office under national number 0719.458.502 and governs all the relationship between us and any registered person (the “User" or "you") wishing to use our services.
1.2. In the present General Terms and Conditions, the highlighted terms listed below and their conjugated forms have the following meaning, sofar as these Terms and Conditions do not explicitly provide otherwise:
"Agreement" or "Subscription" means a contract made between the Customer and Enky for the subscription of "Furniture", which includes movable properties, furniture and services provided by Enky;
"Customer" or "You / you" or "Your" or "You / yourself" or "User" means the person, potential customer, company or any organization who subscribes to Furniture or any other user accessing our website;
"Deposit" means any down payment made by the Customer to Enky in connection with the Subscription to Furniture which is held as security;
"Enky" or "We / us" refers to Enky (ENKY sprl);
"Force majeure" means any event outside a party’s reasonable control including but not limited to acts of war, flood, labor disputes, strikes, subcontractors lockouts, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events;
"maintenance and periodic repairs" means the maintenance of furniture in good condition periodically organized by Enky;
The term "Furniture" means any movable property, article, tool and / or device, as well as any accessory specified in a subscription agreement and belonging to an Owner;
"KYC Verification": is a process by which Enky obtain information about the identity and address of customers;
"Liability" means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
"Owner" means the person or organization to which the furniture belongs, who legally owns the furniture;
"Services" means the services and / or works (if any) to be performed by Enky for the Client in connection with the subscription to furniture, including any repair, delivery and / or pick-up of Furniture;
"Subscription Period" means the period from when the Customer holds the Furniture and ends when one of the following events occurs: (i) the physical return of the Furniture by the Customer in the possession of Enky; or (ii) physical repossession of the furniture by the owner;
"Amount" or "Price" means the amount charged by Enky for the Furniture during the Subscription Period;
"Buying option" means the payment of a sum after a subscription period, whereby the customer becomes the owner of a piece of furniture;
"Website" or "Site" or "Application" or "Platform" means www.enky.com and any other websites and applications that may be developed by Enky;
1.4. We invite you to read these terms and conditions carefully, as your agreement is required prior to any order or subscription.
2. Enky’s activities
2.1. We offer our users, to subscribe to furniture (new furniture, refurbished or used) for a specified period, via our platform, which constitutes a Subscription.
2.2. You acknowledge that the furniture (specified as the subject of your Subscription) remains the property of the Owners (represented by ENKY) as long as a possible buying option has not been paid by you, and that in any case, You are not allowed to damage, modify, sell, rent, lease, or transfer the furniture to any other person / company. At the end of the subscription period or in the event of a default, you are immediately and automatically obliged to return the furniture to Enky (or the owner, if expressly mentioned).
2.3. You are not authorized to move any furniture from the delivery address Enky's prior written approval. If you do not return the furniture as required, you will be liable to Enky up to the cost of replacement, plus any processing fees, in addition to any other amounts owing under this Contract.
2.4. You agree to indemnify, defend and hold Enky harmless from any and all liabilities, claims, lawsuits, losses, damages, costs and expenses, including but not limited to the infestation of Furniture and any personal injury that may arise as a result. You also agree to unconditionally discharge Enky and its employees and agents from any and all claims or lawsuits for damages suffered by You as a result of personal injury caused by the Furniture.
2.5. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
2.6. Enky keeps the identity of the owner of their furniture confidential, unless otherwise specified in the agreement.
3. Subscription Agreement and Conditions
3.1. Prior to any order, You must agree to our terms and conditions and provide sufficient information to Enky to evaluate your profile.
3.2. Enky reserves the right to refuse to conclude a contract with a Customer whose profile and identity are suspect.
3.3. You may only use the Service if you are at least eighteen (18) years old. We require proof (in accordance with acceptable standards of proof) that you have an official address in any country of the European Union and that you provide us with a copy of your identity card (or passport) and a photo of you image (will be kept confidentially by Enky) which allows us to control your identity.
3.4. After selecting the furniture on our website and the duration of the subscription, the price which includes the first month of subscription and an amount corresponding to the delivery costs will be indicated. This amount must be paid in advance in order to confirm the order.
3.5. Once the payment has been received and the verification process completed, we will coordinate a date on which we will deliver and assemble the Furniture. The order placed by you will be processed subject to verification of the KYC process and ease of access to your location. If the KYC verification fails or the location is not accessible, Enky reserves the right to cancel your order at any time prior to delivery, in its sole discretion, without giving any reason, even after KYC verification or satisfactory access to the site.
3.6. Enky will deliver and collect the furniture only at the address indicated in your order. You authorize Enky to enter your premises to deliver and collect the furniture at the agreed time and date.
3.7. This contract starts on the date of subscription and remains in effect until the end of the specified period (equivalent to the subscription period agreed upon by the customer when the furniture is ordered) and once the furniture is returned to Enky (the expiry date and the return of the furniture may be two different dates) unless terminated earlier or extended in accordance with the corresponding policy.
3.8. You agree to pay the monthly amount of your subscription for the duration of your subscription. You agree to be responsible for all payments and taxes related to the use of the Services. You hereby authorize us to charge the payment card(s) you will provide during the ordering process for all costs, costs and any damages due.
3.9. If you wish, after a certain subscription period, you will have the option of becoming the owner of the furniture upon payment of a buying option. The amount of the buying options is indicated on the product page.
4. Delivery Policy
4.1. You agree to provide us with sufficient and correct information to enable Enky to arrange delivery of the Ordered Furniture to the agreed address.
4.2. Upon confirmation of the order, Enky will deliver the furniture to the location you specified. The cost of delivery is specified and charged during the ordering process.
4.3. You shall be personally present at the time of delivery. If you are unavailable, you are required to appoint a representative (with a signed letter of authorization) to take delivery of the furniture. This shall be communicated to Enky prior to delivery. The representative will be required to provide a copy of identity proof, and the letter of authorization from you to the delivery personnel assigned by Enky. The representative will remain solidarily liable of all the obligation foreseen in the general terms and conditions. If the customer is not present or has not assigned a representative to take delivery on the site and a second delivery attempt is required, Enky will be charging additional delivery costs.
4.4. Enky will deliver and collect the furniture only at the address indicated in your subscription agreement. You grant Enky permission to enter Your premises for the purposes of delivering and picking up the Furniture. You are responsible for ensuring that the delivery vehicles can easily access the place of delivery and also ensure that you obtain any prior authorization for the use of the elevator of the building for the delivery of the furniture.
4.5. You or your designated representative are requested to inspect the furniture for any damage and during the delivery time. You will then be prompted to sign an delivery receipt. By signing this document, you expressly accept the furniture and / or tools and accessories contracted and confirm that the furniture meets your expectations. If a piece of furniture is damaged during transport or is unusable, Enky will replace it at its expense (unless an identical item is not available) and replacement is not necessary, the damage must be reported immediately accompanied by a Photo. In the event of damage after acceptance of your delivery, Enky will not be responsible for the replacement of the furniture and will charge the damage to be established in accordance with the damage policy below. You also confirm that if you do not communicate any complaints during the delivery, you automatically accept the quality and the conditions of the delivered furniture.
4.6. After delivery, you become the keeper of Enky / Owner's furniture and bear all the risks that may arise during the subscription period.
In addition, you expressly and contractually agree to:
- Use the furniture with due diligence and for the use for which it is intended. It is forbidden to use furniture in such a way as to cause damage.
- Do not abuse it in any way, whether for illegal activities or for prohibited purposes.
- Do not make any alterations to the furniture.
- Do not place the furniture at someone else’s disposal, neither for valuable, nor free consideration.
- Regularly clean the furniture according to the instructions provided by Enky.
5. Price and payment policy
5.1. Unless otherwise stated on our website, all our prices are indicated in euros. These prices always include VAT and exclude any additional costs (insurance, delivery costs, damages ...). Payments are made in euros unless otherwise stated.
5.2. The customer's billing cycle begins on the date the first item is delivered. Each month, at the time of the billing cycle, Enky will charge the payment card(s) provided by the customer. The customer is required to ensure that the funds available on his / her bank account / credit card are sufficient on the date of the debit transaction.
5.3. Late payments or payments that can not be processed will incur a fixed penalty of € 35 and an annual interest rate of 12%. In addition, after the first late payment, ENKY reserves the right to terminate the contract and repossess the furniture to which the customer has subscribed, whether under this contract or a previous contract. We will also persue any necessary means to recover the remaining due amounts.
6.1. All maintenance, other than those possibly provided by Enky "periodic maintenance and repairs", are your responsibility. This includes reasonable maintenance such as a periodic cleaning. No alteration or remodeling is allowed. All furniture must be returned in the same condition as the received.
6.2. Depending on the type of furniture, Enky could conduct free maintenance to keep the furniture in good condition, to carry out a revision or major maintenance of the furniture. Enky will ask you possible dates by email for this free maintenance visit. You shall be personally present at the delivery location at the time of the maintenance. In case of unavailability, you can appoint a representative.
6.3. If you do not allow Enky to perform this periodic maintenance after sending a letter to recommend, Enky's could automatically terminate the contract, and collect the furniture at your expense and claim the refund of any damages resulting from such termination.
7.1. If you discover that the furniture has been stolen or has disappeared, you must immediately report it to the police and submit to Enky, within 48 hours, the details of the report of the offense, as well as a legible copy thereof.
7.2. The same rule is applicable as soon as the furniture has been seized by a bailiff, but in this case, you must communicate to Enky a copy of the notification of the bailiff within 24 hours.
8. Damage Policy
8.1. You hereby agree that in the event of damage to the furniture, theft or loss, you will be responsible for the cost of replacing the furniture. You are responsible for any damage, loss or destruction of the furniture beyond normal wear and tear under normal course of use. Minor scratches (depending on size) on wood furniture are considered normal wear and tear.
8.2. In the event of serious damage, Enky will determine the extent of the damage and the penalty applicable to the damage upon receipt of the furniture. In the event that it is found that substandard parts are used or that repairs are made by a person not authorized by Enky, a penalty may be imposed in accordance with Enky's policy. Any removal, modification, disfigurement or concealment of any number, lettering or insignia on the furniture will be considered as damage and will be chargeable against the customer. A damage claim report will be sent to the customer by email.
8.3. Enky can not be held responsible for any damage caused by the furniture. In any case, if you sue Enky for any cause of liability, you agree that Enky can not be held liable for consequential damages or loss of profit.
9. Inspection Right
9.1. Enky reserves the right to inspect the furniture delivered to you during the term of the contract. Enky will give the customer a reasonable time regarding the visit to avoid any inconvenience to the customer.
9.2. Please ensure that the Enky representative has appropriate access to all furniture. If you can not allow Enky to proceed with this inspection after sending a registered letter, Enky is entitled to automatically terminate the contract, collect the furniture at your expense and claim the refund of any damages resulting from this termination.
10.1. The Agreement will terminate on the last day of the subscription. At least three months before the end of the contract, you shall inform Enky by email or through your user account if you do not wish to extend the subscription period beyond the end date of the subscription.
10.2. In case of total or partial non-compliance with Your obligations, the contractual relationship may be terminated in whole or in part by Enky, automatically and without formalities by registered letter thirty (30) calendar days after the maintenance of the formal notice, without notice or prejudice of any compensation that may be claimed for the damage suffered.
10.3. At the end of the subscription period or in case of prior termination, Enky will proceed with the repossession of the furniture to the delivery address. Unless expressly authorized by Enky, the recovery address can not be distinct from the delivery address. If you are unable to arrange the pick up of furniture on the scheduled date, a penalty of € 50 for any additional calendar day will be charged.
10.4. If you cancel the subscription before the chosen subscription term on the website, a fee for early termination will be calculated. The additional costs will be equal to the price difference between the actual duration and the chosen duration * number of months of the actual duration + your current monthly subscription as well as additional administrative costs of 100 €. You hereby authorize us to charge these fees on the payment card(s) provided during the ordering process.
11. Right of withdrawal
11.1. In accordance with Article L. 121-21 of the Consumer Code, you have the right to cancel your order within 14 days of the subscription date. In case of cancellation by the customer, Enky will refund the customer for all payments received.
11.2. If this occurs after the delivery of the items to the customer, the cost of returning the furniture will be borne by the customer. The customer is responsible for any loss or damage. You hereby authorize us to charge these fees on the payment card(s) provided during the ordering process.
11.3. In order to exercise his right of withdrawal, the customer must notify Enky in writing, before the expiry of the withdrawal period, his decision to retract unambiguously to the following address: firstname.lastname@example.org
12. Content and intellectual property
12.1. You do not may use or copy the content or intellectual property of the website without our prior written permission. "Content" means all visual and written information displayed on the Website, including all graphics, designs, photographs, iconography, animation, videos and writing.
12.2. All content on the Website is the property of Enky and / or third parties with whom Enky is related. All content may be protected by one or more laws in force on intellectual property, including copyright, publicity and trademark law. All trademarks, service marks, trade names, trade dress and other proprietary devices (collectively, the "Marks") appearing on the Website and / or Enky Furniture (collectively, the "Enky Marks") are the exclusive property of 'Enky and are protected by applicable intellectual property laws.
12.3. In addition, it is prohibited to introduce, by any means whatsoever, data that may modify or alter the content or presentation of the Site.
13.1. Enky reserves the right to alter or modify these Terms and Conditions at any time. Any modification of the present general conditions will come into effect as soon as they are published on the website.
13.2. If any court or other competent authority finds any provision of these Terms void or unenforceable, in whole or in part, the validity of the remaining provisions of these Terms and the remainder of the provision in question shall not be affected.
13.3. These general conditions are governed exclusively by Belgian law. The courts of the judicial district of Brussels are the only ones competent for any dispute, except if one imperative rule reveals the jurisdiction of another jurisdiction.