Article 1: Scope
1.1 - These general conditions of sale govern, exclusively, the contractual relations between KIOKO and any person (hereinafter referred to as the customer) who places an order on the merchant website via the following address: www.kioko.fr
1.2 - This site is published by KIOKO , the limited liability company with capital of €75,000.00, registered in the Paris Trade Register under Paris RCS number: 823520234, VAT number: FR08823520234, whose head office is located: 46 rue des Petits Champs 75002 Paris - Telephone number: 01.42.61.33.66
1.3 - These general conditions are applicable to all items offered for sale on the site and are reserved for customers over 18 years of age who have full legal capacity.
1.4 - Any order for one or more items presented on the site implies consultation and unreserved acceptance, on the part of the customer, of these general conditions of sale as well as the prices applied. These conditions take precedence over any other document as well as the general conditions of sale of the customer's country.
1.5 - Any failure on the part of KIOKO to fulfill one of its obligations mentioned in these general conditions of sale may in no case be interpreted, by the customer, as a waiver of the general conditions of sale. These conditions may be subject to updates or modifications without notice. The applicable conditions will then be those in force at the time of conclusion of the contract, that is to say on the day of registration of the order.
Article 2: Information relating to the articles
2.1 - The items and promotional offers present on the site are offered for sale while stocks last and for offers, until the end of their validity. The presence of an item on the site does not guarantee its availability in stock.
2.2 - All items on the site presented for sale are reserved for individuals.
2.3 - The customer can, prior to his order, read on the site the essential characteristics of the item(s) he wishes to order, it being specified that the photographs illustrating the items are only indicative and do not enter into in the contractual field.
Article 3: Ordering items
3.1 - Orders are placed on the site at the following address: www.kioko.fr . Items offered for sale are subject to availability. If a product is unavailable, the customer will be informed after placing their order, by e-mail or by post. The order will only be validated when the customer has paid the full payment. KIOKO reserves the right to refuse certain orders deemed invalid.
3.2 - Validation of the order:
If the customer wishes to purchase one or more items, they must select a model or its reference, define the quantity then click on “basket”. The basket summarizes the customer's selection and allows them to modify their order. To validate the chosen products, the customer must click on “order”.
Once this step is complete, he will identify himself, either using his client code or by entering his personal data in the space provided for this purpose. He will then have to choose his method of payment, pay the amount of the order and then validate the information that appears on the final order form. An order number will be assigned to the customer. KIOKO will keep the record of the order as proof of the contractual relationship between the parties.
Article 4: Price of items
The prices indicated on the site are in euros and are inclusive of all taxes (VAT included). Any possible change in the legal VAT rate will be reflected in the price of the products presented on the site.
The prices do not include shipping and packaging costs which are the responsibility of the customer and which will be specified to them when registering their order.
The prices presented may be modified at any time by KIOKO .
Article 5: Payment and security
- Payment terms :
The customer must pay for their purchases directly on the site only by credit card. The amount of the order will only be debited upon validation.
Payment by credit card is secured by an encryption system. Consequently, KIOKO cannot access the customer's card number which is transmitted in complete confidentiality. The following types of cards are accepted at KIOKO:
- American Express
KIOKO uses the secure STRIPE payment system. Learn more about Stripe: https://stripe.com/en/payments/features
In the event of non-payment with a customer, KIOKO reserves the right to refuse their order.
Article 6: Delivery
6.1 - Transport terms:
Orders can be delivered in mainland France, as well as certain overseas regions and departments, and in some European countries. KIOKO reserves the right to choose the appropriate mode of transport. Deliveries are made by a logistics and distribution company called Wing in partnership with delivery providers such as Colissimo, Mondial Relay, Chronopost, DHL, etc.
6.2 - The products will be delivered to the address indicated by the customer when placing their order. Consequently, the contact details transmitted by the customer are considered to be accurate and will not engage KIOKO 's liability in the event of a dispute. In the event of inaccuracy of the delivery address by the customer, payment of additional shipping costs corresponding to the cost of reshipping the goods will be requested.
6.3 - The KIOKO company makes every effort to process orders as quickly as possible. However, an item out of stock or in restocking may extend the order preparation time. The customer is informed by email of the reason for the delivery delay. Beyond 30 days, the customer may request a refund of their order under the conditions provided for in article L.216-2 of the Consumer Code. Please note that these deadlines are indicative and do not constitute a firm commitment on our part.
6.4 - Delivery outside mainland France:
The shipping costs indicated when placing the order only concern deliveries in mainland France. Delivery rates outside mainland France will be calculated as soon as the customer has specified the country to which they wish to be delivered.
6.5 - You will receive by e-mail the follow-up of your order once it has been delivered to the shipping service provider.
6.6 - Receipt of products:
The customer is advised to check the condition of the products received on delivery and to make any comments or reservations on the delivery note. In the event that the customer has signed his delivery note without reservation, the customer has a period of complaint with KIOKO at the latest within three working days from receipt of the order, by telephone or email. .
Article 7: Photos of products, Damaged and Missing Products
7.1 - Product photos:
The customer acknowledges that photographs of the products are made available on the website for information purposes only. These photographs have only illustrative value and are not contractual. Customer understands that variations in color, shape and appearance between photographs and actual products may occur due to factors such as lighting and display settings.
7.2 - Products damaged upon receipt:
In the event of receipt of a damaged product, the customer is required to take clear and detailed photographs of the damaged product as well as the condition of the packaging box and the carrier label. He must inform our customer service within three (3) working days of receipt of the order. These photographs must be sent to our customer service at the following email address: email@example.com . The customer must also report any damage on the carrier's delivery note at the time of receipt.
7.3 - Missing products:
If the customer notices that a product is missing from his order, he must inform our customer service department within three (3) working days of receiving the order. The customer must provide photographs of the entire package received as well as complete a sworn statement and send a photo of the recipient's identity documents.
7.4 - Complaints and Actions:
In the event of damaged, missing products or defaced part numbers (SKUs), the customer must retain all products, packaging and carrier labels until the claim is resolved. KIOKO reserves the right to request additional photographs, information on the order number and product references to process the complaint.
7.5 - Resolution of Complaints:
KIOKO undertakes to carefully examine complaints related to damaged, missing products or damaged references (SKUs). Depending on the circumstances, KIOKO may offer a refund, replacement or any other appropriate solution to resolve the situation.
Article 8: Right of withdrawal
8.1 - Under the provisions of articles L.221-18 and following of the Consumer Code, the customer has a period of 14 clear days to exercise his right of withdrawal without having to justify reasons, from the date receipt of his order. Shipping and return costs will be the responsibility of the customer. The products, accompanied by a RIB of the customer, must be returned by post, in perfect condition and in their original packaging (including accessories and instructions for use) to the following address:
46 rue des Petits Champs, 75002 PARIS
Reimbursements will be made by crediting the customer's bank card, within 14 days. If a damaged, incomplete or damaged product is returned, it will not be exchanged or refunded.
Article 9: Product conformity and guarantee
9.1 - In case of non-conformity of the products, we ask the customer to inform us by mail, accompanied by the articles concerned, in a new state as well as in their original packaging, within 15 working days, at the The following address: 88 rue de Seine, 94400 Vitry sur Seine.
9.2 - Warranties: The customer benefits from the legal provisions relating to the warranty against hidden defects under article 1641 and following of the Civil Code.
Article 10: Reservation of ownership and Termination clause
10.1 - The products ordered remain the property of KIOKO until the customer fulfills his obligations, in particular until he pays the price in full. Once the transfer of ownership has taken place, the risks of loss, theft or deterioration of the products are the responsibility of the customer.
10.2 - In the event of failure by the buyer to fulfill one of his obligations, the sale will be terminated automatically and without notice. The items must be returned to KIOKO within 48 hours.
Article 11: Personal information
11.1 - The customer expressly agrees to communicate his personal data to KIOKO so that we can best manage orders, deliveries and customer relations. In accordance with the law of January 6, 1978, relating to information technology and freedoms, the customer has the right to access and rectify his personal data. Therefore, for any addition or rectification, simply send us the new data by email to firstname.lastname@example.org or by letter to the following address:
KIOKO - Internet sales service - 88 rue de Seine 94400 Vitry sur Seine
KIOKO undertakes not to communicate your personal data to third parties.
Article 12: Intellectual property rights
The KIOKO site and its content are protected by current legislation on copyright and intellectual property. In accordance with the provisions of the Intellectual Property Code, KIOKO grants the customer a license to use the site, solely for personal use. Any partial or total reproduction of the site or any of its elements is prohibited (photographs, texts, logos, acronyms, brands, drawings, etc.). The creation or use of hypertext links to one or more pages of the site or to one of its elements is also prohibited.
Article 13: Force Majeure
In the event of partial or total non-performance of its obligations caused as part of a case of force majeure or fortuitous event, KIOKO will not be liable. According to the provisions of article 1218 of the Civil Code, force majeure occurs in a context of unpredictability and irresistibility. Expressly, the following are considered as force majeure: strikes, in particular: strikes of means of transport, communication or postal services; regulatory restrictions; attacks ; floods, fires, lightning, natural disasters, etc.
Article 14: Applicable Law and Territorial Jurisdiction Clause
These general conditions of sale are written in the French language and are subject to French law. In the absence of amicable settlement, disputes relating to orders placed on the site fall under the exclusive jurisdiction of the court within the jurisdiction of the Paris Court of Appeal.
ANNEX 1: Model withdrawal form
(Please complete and return the form and your order number only if you wish to withdraw from the contract. We advise you to also specify your order number)
To the attention of KIOKO Company - Customer Service – 88 rue de Seine 94400 Vitry-Sur-Seine, France
I hereby notify you of my withdrawal from the contract relating to the sale of the property below:
Ordered on [……………………………….] (*) received on [………………………….……….] (*)
Order number: […………………………………..……………………]
Name of consumer(s): [………………………………………………………………]
Address of the consumer(s): […………………………………………………………………………………]
Signature of the consumer(s) (only if this form is notified on paper)
Date : [……………………………………]
Sales service, wholesale, Internet sales
88 rue de Seine
94400 Vitry Sur Seine, France
Tel: 01 45 21 46 99
Fax: 01 45 21 16 44
46 rue Des Petits Champs
75002 Paris, France
Tel: 01 42 61 33 65
Fax: 01 40 15 91 00