Article 1 - GENERAL PROVISIONS - SCOPE OF APPLICATION
1.1 These Terms and Conditions of Sale ("T&Cs") set out the rights and obligations of the parties in relation to the online sale of Products offered by KDML Retail Limited ("the Company").
1.2 Any Order placed on the kossdesign.com website implies the prior and unconditional acceptance of these General Terms and Conditions of Sale, which are subject to French law. These GCS are therefore an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer who declares that he/she has read them and accepted them, without restriction or reservation, before placing the Order.
1.3 These GTC shall apply to any Order placed by an individual of legal age acting as a consumer. The Customer hereby certifies that he/she is a natural person over 18 years of age and that he/she is acting for purposes that are not related to his/her commercial, industrial, craft, liberal or agricultural activity. The Customer acknowledges that he/she has the full capacity to commit himself/herself when placing the Order and undertakes to provide truthful information regarding his/her identity.
1.4 EXCLUSION: Persons acting in a professional capacity, i.e., natural or legal persons, public or private, who act for purposes within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, including if they are acting in the name of or on behalf of another professional, are expressly excluded from the scope of these GTC.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The T&Cs applicable to each Order are those in effect on the date of payment (or first payment in the case of multiple payments) of the Order. The Company reserves the right to modify them at any time by publishing a new version on its website. These GTC are available on the Company's website at the following address: kossdesign.com and can be downloaded in pdf format.
Article 2 - CONCLUSION OF THE ONLINE CONTRACT
2.1. Ordering Process
To purchase one or more Products on the site, the Customer selects each Product and adds it to his basket. Once his selection is complete, he must confirm his basket to proceed to the Order (1st click)
At this point, the Customer is redirected to a page containing :
A summary of the selected Products, the corresponding prices, the terms and conditions and the delivery charges. It is then up to him to check and possibly correct the contents of his basket.
The present GTC. It is the Customer's responsibility to read them carefully before validating the entire Order.
This validation of the Order after verification of the shopping cart and reading of the GTC (2nd click) is equivalent to the conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation of payment on his/her part.
The Customer is then redirected to the payment page. The Customer can choose between the different payment methods offered and proceed with the payment of his Order.
Once the Order has been validated and payment made, the Client will receive a confirmation message from the Company to the e-mail address he/she provided to create his/her account. This message contains, in pdf format :
The summary of his order (Product selected, price, terms and delivery charges) ;
The precise identification of the company KDML Retail Limited and its activity;
The number of the Order ;
Terms, conditions and withdrawal form;
The present GTC in pdf format.
If the Customer does not receive the Order confirmation, he/she is advised to contact the Company via the contact form on the site.
The Customer will then receive a purchase invoice in electronic form, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice, which is also sent to him in electronic format, as these documents can be produced as proof of the Contract.
2.2 Refusal of validation of the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order not in accordance with the T&Cs;
Quantities ordered that do not correspond to normal use by a consumer customer;
Non-payment of a previous Order or an ongoing dispute regarding a previous Order;
Suspicion of fraud on the Order (supported by a cluster of corroborating evidence).
Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as information on the use of the product, if applicable.
While the Company takes reasonable care to ensure that the Specifications are accurate, the Specifications, with certain exceptions, such as pricing information, are provided by the Company's suppliers. Accordingly, the Company assumes no responsibility for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in the French language. The Parties agree that the illustrations, videos or photos of the Products oﬀerted for sale have no contractual value. The validity period of the oﬀre of the Products as well as their prices is specified on the Company's websites.
3.2 Product availability
The offers of Products are valid within the limit of stocks available from our suppliers. This availability of Products is normally indicated on the specific page of the Product.
However, insofar as the Company does not reserve stock (except in the case of Products indicated as pre-orders on the Product page), placing a Product in the shopping cart does not absolutely guarantee the availability of the Product and its price.
In the event that a Product becomes unavailable after the validation of the Customer's Order, the Company shall immediately inform the Customer by e-mail. The Order shall be automatically cancelled and the Company shall proceed with the refund of the price of the Product initially ordered, as well as of any sum paid for the Order.
However, if the Order contains other Products than the one that has become unavailable, these will be delivered to the Customer and the delivery charges will not be refunded.
Article 4 - PRODUCT PRICES
4.1 Reference prices indicated on the sites
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Otherwise, it is a price determined according to the prices at which the Product is commonly sold in a panel of retailers distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the panel of retailers is modified.
4.2 Modification of the prices indicated on the sites
The prices of the Products are indicated on the pages of description of the Products. They are indicated exclusive of tax, customs duties and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with the applicable legislation.
The Products ordered will be invoiced on the basis of the price in force on the site at the time of the validation of the Order.
4.3 Product prices
Insofar as many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of Products sold through the Internet sites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the pages describing the Products. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.
The prices of the Products do not include import VAT, import taxes or customs duties, which shall be paid in addition and shall be entirely at the expense of the Customer, who shall be liable for such taxes as the recipient of the Product.
The prices of the Product(s) do not include the cost of packing, wrapping, shipping, insurance and delivery of the Product(s) to the delivery address.
Article 5 - PAYMENT OF THE PRODUCT PRICE
5.1 Time of payment
Payment of the full price of the Order must be made immediately after the Order has been confirmed.
The Company may, in exceptional cases, grant payment in several instalments, particularly in view of the amount to be paid and its knowledge of the Client concerned. However, the Company is under no obligation to grant such payment terms. In the event of a particular situation, the Client may make a request by contacting the Company's Customer Service at the following address email@example.com
5.2 Methods of payment
To pay for his Order, the Customer can choose between different payment methods:
Payment by credit card :
Only bank cards linked to a banking establishment located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Client guarantees the Company that he/she has the necessary authorizations to pay with the bank card used. The Customer expressly acknowledges that the commitment to pay by card is irrevocable and that the communication of his/her bank card number is equivalent to authorization to debit his/her account for the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefit from the SSL encryption process.
Payment via Paypal
Payment by Paypal is accepted up to a limit of 1.000 €.
Payment by vouchers and/or coupon codes
The vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are valid only once. In the event of any attempt to fraudulently use the vouchers and/or promotional codes, the Company may proceed with the outright cancellation of the Order.
In general, in the event of refusal to authorize payment by officially accredited organizations or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel said Order.
The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order.
The Company reserves the right to set up a procedure for verifying Orders in order to ensure that no one uses another person's bank details without their knowledge. For this purpose, the Client may be asked to provide the Company with a copy of his or her ID and proof of address, as well as a copy of the credit card used for payment, by e-mail or by post. Precise indications on the exact content of the requested information (to preserve the confidentiality of its data) will be communicated to the Customer in case of verification. The order will be validated only after reception and verification of the documents sent.
Article 6 - DELIVERY - DEDICATION - RECEPTION
Prior to the validation of the Order, the Company shall provide the Client with information concerning the different delivery methods and their respective prices. Once the Client has chosen a delivery method, the Company shall provide the Client with an estimated delivery time.
The Company will make every effort to ensure that the Product(s) are delivered by the scheduled delivery date. In case of difficulty, the Company undertakes to contact the Customer promptly to inform him/her and to seek an appropriate solution.
Air freight, shipping and/or delivery of the Product(s) shall be borne entirely by the Customer ("Shipping Costs"). These delivery costs are included in the final price charged to the Customer at the time of the Order.
Depending on the methods chosen by the Customer, the delivery will be made either to the address mentioned by the Customer or, if necessary, to a relay point chosen by the Customer from the list of available points. It is therefore incumbent upon the Customer to check the information provided for the delivery, as he/she alone remains responsible in the event of a delivery failure due to incomplete or erroneous information.
Upon receipt of the Product, the Customer agrees to verify that the Product is complete and undamaged.
In the event of an anomaly, the Customer must contact the Company's Customer Service within three days (excluding public holidays) following the date of receipt of the Product. Any claim filed after this period cannot be processed.
Article 7 - WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to cancel the Sales Order within thirty (30) calendar days of receipt of the Sales Order, without giving any reason. In the event of an Order for more than one Product, the period shall run from the date of receipt of the last Product.
In case of exercising the right of withdrawal within the above-mentioned period, the price of the Product(s) purchased and the shipping costs will be refunded, the return costs remaining at the Customer's charge.
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts
The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
Supply of goods made to the specifications of the consumer or clearly personalized;
Supply of goods that are likely to deteriorate or expire rapidly;
Supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
The supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
Concluded at a public auction;
7.3 How to exercise the right of withdrawal
To exercise his right of withdrawal, the Client must inform the Company of his intention to withdraw either by filling in the standard form, a model of which is shown below, or by sending an unambiguous statement expressing his intention to withdraw within the 30 day period mentioned above.
Sample withdrawal form:
Attention KDML Retail Limited, Customer Service, the lighthouse, george street lower, dun laoghaire, dublin, A96R2N2
I, the undersigned ______ hereby notify you of my withdrawal from the contract for the sale of the product below:
Date ordered and received:
Tracking number of the retraction request:
Name of the Client :
Customer's address :
Client's signature: (only in case of notification of this form on paper)
This form should be sent to the Company at one of the following addresses
For paper delivery, to KDML Retail Limited, kossdesign.com Customer Service, Thelighthouse, george street lower, dun laoghaire, Dublin, A96R2N2
To be sent electronically, to the following address: firstname.lastname@example.org
The Customer has a period of 30 days from the sending of the notification of his retraction to return the Product to the Company in its original packaging, the return costs being at the exclusive charge of the Customer.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable the Company to put them back on sale. In case of receipt of opened, used, incomplete, damaged or soiled Products, the Company will not proceed to any refund and may even, if it deems it necessary and appropriate, engage the responsibility of the Client for depreciation of the Product.
In case of return of the Product under the conditions provided for by the law and the present GTC, the Company will proceed to the reimbursement of the totality of the sums paid by the Customer, including delivery costs, within 30 days of the notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will proceed with the refund only after reception and verification of the condition of the returned Product.
This refund will be made using the same method of payment as that used by the Customer to pay for the Order, unless the Customer expressly agrees to another method of payment. In the event of payment by gift certificate/promotional code, the Customer will be reimbursed either by sending new gift certificates/promotional codes for an amount identical to that paid in this form.
Article 8 - GUARANTEES
8.1 Legal warranties
The Company remains liable for defects in conformity of the goods in accordance with the provisions of Articles L.217-4 and following of the Consumer Code as well as for hidden defects of the thing sold in accordance with Articles 1641 and following of the Civil Code.
When acting within the framework of the legal guarantee of conformity (as provided for in Articles L.217-4 et seq. of the Consumer Code), the Consumer Customer :
Has a period of 2 years from the date of delivery to act
Can choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code
Is exempted from proving the existence of the defect of conformity during the 24 months following the delivery of the good if the Product is new, and during the 6 months following the delivery if the Product is sold second-hand.
The Customer may also decide to act within the framework of the legal guarantee against hidden defects as defined in Article 1641 of the Civil Code, the Customer may choose between the resolution of the sale or a reduction of the price, in accordance with Article 1644 of the Civil Code.
These legal guarantees apply independently of any contractual guarantee.
Reproduction of applicable texts
L.217-4 Consumer code (code de la consommation)
"The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his expense by the contract or carried out under his responsibility."
L.217-5 Consumer code (code de la consommation)
"The property conforms to the contract:
(1) Whether it is fit for the purpose ordinarily expected of similar property and, if so :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or in labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
L.217-9 Consumer code (code de la consommation)
"In case of lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
L.217-12 Consumer code (code de la consommation)
"The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good."
1641 of the Civil Code
"The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price, if he had known of them."
1648 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. [...] "
8.2 Manufacturer Warranty
Certain Products sold on the Site benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which the Company is not directly party.
The existence of this type of guarantee is mentioned, if necessary, on the specific page of the Product.
If the Customer wishes to make use of this guarantee, he/she should inform the Company by contacting the Customer Service Department and consult the terms and conditions of application of the guarantee, which are generally inserted in the box concerning the Product.
It is reminded that the benefit of the Manufacturer's Warranty does not prevent the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, which is responsible for processing, collects a certain amount of mandatory personal data (including, in particular, surname, first name, delivery address, etc., which are marked with an asterisk) that are absolutely necessary for processing the Order, managing the commercial relationship, compiling statistics and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
Failure by the Customer to provide such information shall make it impossible to process the Order.
By accepting SMS marketing from KDML Retail Limited at checkout and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including checkout reminders), SMS marketing offers, and transactional texts, including evaluation requests from us, even if your mobile number is registered on a state or federal do not call list. The frequency of messages varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply with STOP to any mobile message sent by us or use the unsubscribe link we have provided in any of our messages. You understand and agree that alternative methods of unsubscribing, such as using different words or requests, will not be considered a reasonable way to unsubscribe. We do not charge for the service, but you are responsible for any fees and charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.
If you have any questions, please send the HELP message to the number that sent you the messages. You can also contact us at email@example.com for more information.
We have the right to change at any time any telephone number or short code we use to operate the Service. You will be notified at that time. You agree that any message you send to a telephone number or short code that we have changed, including any request for STOP or HELP, may not be received, and we will not be obligated to honor any requests made in such messages.
To the extent permitted by applicable law, you agree that we are not responsible for the failure, delay or misdirection of any information sent through the Service, any errors in such information and/or any actions you may or may not take in reliance on the information or the Service.
These data are intended for internal use by the Company but may be transmitted to companies that contribute to the execution of the service, including in particular those that ensure the delivery of Products or process payments.
Regarding these personal data, the Customer has several rights:
Right of access to personal data concerning him;
Right of rectification and deletion if personal data are inaccurate, incomplete, ambiguous, outdated or if the collection, use, disclosure and retention of certain data is prohibited;
Right to limit the processing of data, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to the processing of data (especially in case of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the retention, deletion and communication of your personal data
Right to withdraw consent to certain processing operations (processing operations carried out before withdrawal of consent remain lawful)
Right to complain to the CNIL.
To exercise his rights, the Client can send a request to the Company, through :
a letter addressed to KDML Retail Limited, Customer Service, the lighthouse, george street lower, Dun laoghaire, Dublin, A96R2N2
The request must mention the Customer's e-mail address, surname, first name, postal address and must be accompanied by a copy of his or her identification document on both sides.
A reply will be sent within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on the page of a Product, sales of Products on the site do not entail any transfer of intellectual property on the Products sold.
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No transfer of intellectual property rights is made through these GTC.
Article 11 - FORCE MAJEURE
The Company shall not be liable for any failure to perform its obligations hereunder in the event of the occurrence of an act of God or force majeure that would prevent its performance. The Company will notify the client of the occurrence of such an event as soon as possible.
Article 12 - EXCLUSION OF LIABILITY
Notwithstanding anything to the contrary contained herein, the Company shall in no event be liable for any loss or damage due to improper use of the Product(s) by the Customer, including, without limitation, modification or alteration of the Product(s) not authorized by the Company.
Article 13 - SUSPENSION - TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Client who contravenes the provisions of the GTC, or in a general way the applicable legal provisions, without prejudice to any damages that the Company may seek.
Any person whose account has been suspended or closed will not be able to place further orders or create a new account on the Site without the prior authorization of the Company.
Article 14 - ARCHIVING - PROOF
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
At the time of each Order, the Order summary is sent by email to the Customer and archived on the Company's website.
The archiving of communications between the Company and the Client is carried out on computerized registers which are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Client and the Company. They may be produced as proof of the Contract.
The archiving of communications, the order, the details of the order, as well as invoices is eﬀected on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be produced as proof of the contract.
The Customer will have access to the archived elements upon request at firstname.lastname@example.org
Article 15 - NULLITY AND MODIFICATION OF THE T&Cs
If any provision of these GTC is invalid, it shall be deemed unwritten, but this shall not invalidate all the contractual provisions.
Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of the present GTC, whatever the frequency and duration, shall not constitute a modification of the GTC, nor generate any right whatsoever for the Client.
Article 16 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES
The present GTC are subject to French law.
In case of any difficulty, the Customer Service is at your disposal to find an amicable solution.
In the absence of a solution found directly with the Customer Service, the European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following this link: http://ec.europa.eu/consumers/odr/.