Article 1: Scope
1.1 - These general conditions of sale govern, exclusively, the contractual relations between Kiko, and any person (hereinafter referred to as the client who passes order on the merchant website via the following address: www.koko.fr
1.2 - This site is published by Kiko, the capital liability limited to the capital of € 75,000.00, registered in the Paris Trade Register under the number RCS Paris: 823520234, the VAT number: FR08823520234 whose head office is located: 46 rue des Petits Champs 75002 Paris - N Phone °: 01.42.61.33.66
1.3 - These Terms and Conditions apply to all the proposed items for sale on the site, and are reserved for customers over 18 who hold full legal capacity.
1.4 - Any order of one or more items presented on the site implies the consultation and the acceptance without reservation, on the part of the client, present general conditions of sale as well as the applied tariffs. These conditions prevail on any other document as well as the general conditions of sale of the country of the Customer.
1.5 - any failure, on the part of Kiko, to one of its obligations, mentioned in these general conditions of sale, will in no case be interpreted by the customer as a waiver of the general conditions of sale.
The conditions may be subject to updates or modifications without notice. The applicable conditions will, then, be those in force at the time of the conclusion of the contract, that is to say on the day of the registration of the order.
Article 2: Articles information
2.1 - Promotional articles and offers, present on the site, are offered for sale within the limits of available stocks and for offers until the end of their validity. The presence of an article on the site does not guarantee its availability in stocks.
2.2 - All items in the site presented for sale are reserved for individuals.
2.3 - The customer may, prior to his order, read on the site of the essential characteristics of the article (s) he wishes to command, being specified that the photographs illustrating the articles are only indicative and do not enter in the contractual field.
Article 3: Order of articles
3.1 - The orders are made on the site at the following address: www.koko.fr
The proposed items for sale are subject to availability. In case of unavailability of a product, the customer will be informed, after the passage of his order, by e-mail or by mail. The order will only be validated when the customer has acquitted the full payment. Kiko reserves the right to refuse certain orders, judged invalid.
3.2 - Validation of the order:
If the customer wants to buy one or more items, he will have to select a model or reference, set the quantity and click on "Cart". The basket summarizes the customer selection and allows it to modify its order. To validate the selected products, the customer will have to click on "Commander".
Once this step is complete, it will identify, either thanks to its customer code or by writing its personal data at the place provided for this purpose. He will then have to choose his method of payment, pay the order amount and validate the information that appears on the final order form. An order number will be assigned to the client. Kiko will retain the registration of the order for proof of the contractual relationship between the parties.
Article 4: Price of Articles
The prices shown, on the site, are in euros and agreed all taxes included (French VAT included). Any possible change in the legal rate of French VAT will be reflected in the price of the products presented on the site.
Prices do not include shipping and packaging costs that are the responsibility of the customer and which will be specified when registering its order.
The prices presented may be modified at any time by Kiko.
Article 5: Payment and security
- Terms for payment by credit card:
The customer will have to pay his purchases directly on the site. The amount of the order will be debited only at the time of validation. Payment by credit card is secured by a system of encryption ...
Therefore, Kiko Can not access the customer's card number that transits confidentially. Only national bank cards will be accepted by the security system as well as Visa, Eurocard and MasterCard cards.
In case of payment dispute with a customer, Kiko reserves the right to refuse order.
Article 6: Delivery
6.1 - TERMS OF TRANSPORT:
Orders can be delivered to Metropolitan France, as well as some areas and departments of overseas, and in some European countries. Kiko reserves the right to choose the adequate mode of transport. Orders will be delivered in France by Colissimo or another operator.
6.2 - The products will be delivered to the address indicated by the customer, at the time of the passage of his order. As a result, the coordinates transmitted by the customer are considered to be accurate and will not, in case of dispute, be the responsibility of Kiko. If the address given by the customer prove to be inaccurate, additional port fees would be charged to send the order again to the correct address.
6.3 - The Company Kiko Effects to deliver its customers quickly, an order can be shipped the same day but can be delayed up to 10 working days if, for example, an item has just been missing and waiting for reception. If a delivery had to be delayed more, the customer would be warned by email. If the delivery is not made within the maximum period of 30 days, the Customer may request the reimbursement of his order under the conditions set out in Article L.216-2 of the Consumer Code. It should be noted that these deadlines are indicative and does not constitute a firm commitment on our part.
6.4 - Delivery outside Metropolitan France:
The shipping costs indicated during the passage of the order only concern deliveries to metropolitan France. Delivery rates, outside metropolitan France, will be calculated as soon as the customer has specified the country in which he wishes to be delivered.
6.5 - A space, on the site, is dedicated to the follow-up of your orders, we invite you to consult it regularly.
6.6 - Receipt of products:
The customer is advised to check the status of products received on delivery and make any comments or reservations about the delivery note. In the event that the customer has signed his delivery note without reservations and that he nevertheless notes, after opening of the parcels, that products are damaged or missing, the customer must make any claim with KIOKO without delay and at the latest within three working days of receipt of the order, by phone or email.
Deliveries are the responsibility of the customer and are via Colissimo. Delivery costs are calculated based on the weight of the shipment by following the rates applied by mail.
The normal time of a shipment in Colissimo is 48h depending on the post, but the company KIOKO can not be responsible in case of exceeding this deadline.
Article 7: Right of withdrawal
7.1 - Under the provisions of Articles L.221-18 and following of the Consumer Code, the Customer has a period of 14 free days to exercise his right of withdrawal without having to justify grounds, from the date of the date receipt of his order. The shipping and return fees will be the responsibility of the customer. The products, accompanied by a Customer RIB, will have to be returned by mail, in a perfect state and in their original packaging (including accessories and user manual) at the following address:
46 rue des Small Champs, 75002 Paris
Refunds will be made by credit from the customer's bank card, within 14 days. In case of return of a damaged, incomplete or damaged product, it will not be exchanged or refunded.
Article 8: Compliance and product warranty
8.1 - In the event of non-compliance 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 'following address: 88 Street of Seine, 94400 Vitry sur Seine.
8.2 - Guarantees
The Customer benefits from the legal provisions, relating to the guarantee of the hidden defects under section 1641 and following of the Code.
Article 9: Retention of title and resolutory clause
9.1 - Commanded products remain the property of Kikountil the customer fulfills his obligations, including that he performs full payment of the price. Once, the transfer of property carried out, the risks of loss, theft or deterioration of the products are the responsibility of the customer.
9.2 - In case of failure, on the part of the buyer, to one of his obligations, the sale will be terminated immediately and without summons. Articles must be returned to Kiko within 48 hours.
Article 10: Nominative information
10.1- The customer expressly accepts to communicate to Kiko His personal data so that we can better manage orders, deliveries and customer relationships.
In accordance with the law of 6 January 1978, relating to IT and freedoms, the customer has a right of access and rectification of his personal data. Thus, for any complement or rectification, simply send us the new data by email to firstname.lastname@example.org or by letter to the following address:
Kiko - Internet sales service - 88 rue de seine 94400 Vitry sur Seine
Kiko undertakes not to communicate your personal data to third parties.
Article 11: Intellectual Property Right
The site of Kiko as well as its content is protected by the legislation in force on copyright and intellectual property. In accordance with the provisions of the Intellectual Property Code, Kiko, grants the customer a license to use the site, only in the context of his personal use. Any partial or total reproduction of the site or one of its elements is prohibited (photographs, texts, logos, acronyms, brands, drawings, ...). 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 12: force majeure
In case of partial or total non-performance of its obligations, caused in the context of a case of force majeure or fortuitous case, Kiko will not be responsible.
According to the provisions of Article 1218 of the Civil Code force majeure is part of a context of unpredictability and irresistibility. Expressly, are considered as case of force majeure:
- Strikes, in particular: strikes of means of transport, communication or postal services; regulatory restrictions; attacks...
- Floods, fires, lightning, natural disasters ...
Article 13: Applicable law and attributive clause of territorial jurisdiction
These general conditions of sale are written in the French language and fall under French law. In the absence of amicable settlement, disputes relating to orders placed on the site are the exclusive competence of the Court of Appeal Court of the Court of Appeal.
Appendix 1: Retraction Form Template
(Please complete and return the form and your order number only if you want to retract from the contract. We advise you to also specify your order number)
Because KIOKO - Customer Service - 88 Rue de Seine 94400 Vitry-sur-Seine, France
I shall notify you by this my retraction of the contract on the sale of the property below:
Ordered [.....................................] (*) Received [.............................. ..........] (*)
Number of the order: [....................................... .. ........................]
Name of the consumer (s): [........................................................................]
Address of the consumer (s): [.............................................................................................
Signature of the consumer (s) (only in case of notification of this paper form)
Commercial Service, Wholesale, Internet sales
88 rue de Seine
94400 Vitry on Seine, France
Tel: 01 45 21 46 99
Fax: 01 45 21 16 44
46 Rue des Small Champs
75002 Paris, France
Tel: 01 42 61 33 65
Fax: 01 40 15 91 00