Terms of sale

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On this site, hypertext links can refer to other websites than the present.

Kokochao.com gives off any responsibility in the event that the content of these websites contravenes the legal and regulatory provisions in force.

In addition, kokochao.com recalls that any creation of a hypertext link to the home page of this site or any other page of the site is subject to the express, prerequisite and written agreement of kokochao.com.com.

Finally, it is specified that the consumer can save or print these general conditions of sale, provided, however, not modify them.

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1. Information on the seller

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This kokochao.com site & nbsp; & nbsp; span> www.kokochao.com & nbsp; span> is published by:

The company Hermes Depot, S.A.S., with a capital of 1,500 euros, whose head office is located 108 chemin Sainte Hélène, La Cité Artisanale, 06560 Valbonne Sophia- Antipolis France & Nbsp; and registered in the RCS of Grasse under number 811560077.

Website address: & nbsp; span> www. Kokochao.com

telephone: 09.64.41.76.12

intra-community VAT number: FR318115600777

2. General provisions relating to these general conditions of sale (hereinafter, the GTC)

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2.1/ object of the GTC

the GTC are applicable exclusively for online sale of kokochao.com & nbsp products; On the site & nbsp; span> www.kokochao.com

2.2/ CGV application field

The GTCs exclusively govern the online sales contracts of kokochao.com products, below "the professional seller" to buyers with the quality of consumers ci -At, the "consumers" and constitute with the order form the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of products which have only indicative value.

These general conditions of sale apply, without restriction or reservations, to all sales, products offered on the website " & nbsp; span> www.kokochao.com "

Consequently, the fact for anyone to order a product offered for sale on the website takes full and whole acceptance of these CGVs whose consumer admits having Knowledge before his order.

In addition, the consumer admits being perfectly informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, in the Measure where the customer wishes to order online the products presented as part of the website shop.

These General Conditions express all the obligations of the parties. In this sense, the consumer is deemed to be unreservedly accepting the entire provisions provided under these general conditions. No general or specific condition appearing in the documents sent or submitted by the consumer will be able to integrate into these, as soon as these documents are incompatible with these GTC.

GTC are exclusively applicable to products delivered to consumers established in France and in a member country of the European Union.

The GTCs are written as well as all the contractual information mentioned on the site in French.

The consumer before his order, declares to have full legal capacity, allowing him to engage in the respect of these CGV.

2.3/ Availability and opposability of CGV H5>

GTC are made available to consumers on the seller's website where they are directly available and can also be communicated to him on request by phone, email or mail.

The GTC are opposable to the consumer who recognizes, by checking a box provided for this purpose, having known and having accepted them before placing order. p>

validation of the order by its confirmation is to adherence by the buyer to the GTC in force on the day of the order whose conservation and reproduction are provided by the Professional seller in accordance with article 1369-4 of the Civil Code.

2.4/ Modification of CGV

The professional seller reserves the right to modify his GTC at any time.

In the event of a change in GTC, the applicable GTC are those in force on the date of the order, a copy dated to date may be given to his request to the consumer.

2.5/ CGV clauses

The nullity of a contractual clause does not entail the nullity of the GTC unless it is an impulsive and decisive clause having led the One of the parties to conclude the sales contract.

the temporary or permanent incapplication of one or more CGV clauses by the professional seller cannot be worth renunciation on his part to the other CGV clauses which continue to Produce their effects.

3. Products

3.1/ Characteristics

The products offered for sale presented in the catalog published on the site are each subject to a description mentioning their essential characteristics within the meaning of the article L. 111-1 of the Consumer Code.

The photographs illustrating the products do not constitute a contractual document.

3.2/ user manual

The mode of use of the product, if it is an essential element, is mentioned in the electronic catalog or at the latest on its delivery. p >

3.3/ conformity

The products comply with the prescriptions of French law in force relating to the safety and health of people, the loyalty of commercial transactions and the protection of consumers at the time of their marketing.

3.4/ choice of products

the consumer having read the products marketed by kokochao.com, and their characteristics, has under his sole responsibility and according to his needs as they previously determined before any order, brought to the product (s) subject to his order.

In addition, the consumer knowing alone the materials, configurations and others, whom he uses, is the sole judge of the compatibility of the products commanded with those used by him . It belongs exclusively to the consumer, if he does not consider himself sufficiently competent, to be assisted by advice.

4. Price

4.1/ sale price

Sale prices, in accordance with article L. 113-13 of the Consumer Code, are indicated, for each of the products appearing in the electronic catalog , in euros all taxes included, excluding delivery and transport costs mentioned before validation of the order and charged in addition.

The total amount due by the consumer is indicated on the order confirmation page.

All orders are payable in euros.

The sale price of the product is that in force on the day of the order.

In case of promotion by prices, the professional seller undertakes to apply the promotional price to any order placed during the duration of the promotion. p >

4.2/ Anti-Fraude control:

in order to optimize the safety of transactions and prevent fraud, it is possible that depending on the elements communicated (telephone, email, address, etc.) and the amount of the transaction that the professional seller can ask the consumer to transmit to him by email or mail postifications of domicile and identity in order to validate his identity and his domiciliation.

if the elements requested were not transmitted within five days or if they did not make it possible to ensure the identity and domiciliation of the consumer consumer , the professional seller would be obliged to cancel the order.

As part of the fight against fraud on the Internet, information relating to the consumer order can be transmitted by Kokochao.com to any third party authorized for verification .

4.3/ Modification

The professional seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.

5. Offer

5.1/ Domaine

The online sales offers presented on the site are reserved for consumers residing in France and/or in a member country of the European Union and for deliveries In these same geographic areas.

5.2/ duration

The online sales offers presented on the site are valid, in the absence of an indication of particular duration, as long as the products appear in the electronic catalog and in The limit of available stocks.

5.3/ Acceptance

The acceptance of the offer by the consumer is validated, in accordance with the double click process, by confirmation of the order.

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6. Order

6.1/ Steps to conclude the contract

To place an order, the consumer, after having completed their virtual basket by indicating the selected products and the desired quantities, then clicks on the "Commander" button and provides Information relating to delivery and payment method.

Before clicking on the "Confirm the order" button, the consumer has the possibility of checking the details of his order and his total price and returning to the pages previous to correct any errors or possibly modify your order.

The confirmation of the order leads to acceptance of the GTC and forms the contract.

An email accusing receipt of the order and its payment is sent by the seller as soon as possible.

6.2/ Order modification

Any modification of order by the consumer after confirmation of his order is subject to acceptance of the professional seller.

The professional seller reserves the right to make to the product ordered the modifications which are linked to technical development under the conditions provided for in article R. 132-2-1, V of the Consumer Code.

6.3/ Validation of the order

The professional seller reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are abnormally high for buyers having the quality of consumers.

6.4/ unavailability of the products ordered 5>

If the products ordered are unavailable to delivery, the professional seller immediately informs the consumer and can offer him a product of quality and a price equivalent.

In case of disagreement, the consumer is reimbursed at the latest within thirty days of the payment of the sums paid.

7. Contract

7.1/ Conclusion

The sales contract is formed at the time of the consumer of the confirmation of his order.

7.2/ Archiving and proof

Communications archiving, order orders and invoices is made on a reliable and sustainable medium in a faithful and sustainable copy in accordance with the Article 1348 of the Civil Code.

These communications, order orders and invoices can be produced as proof of the contract.

7.3/ withdrawal

As of receiving products, the consumer has a withdrawal period of fourteen clear days to send the products delivered without having to justify himself, nor Paying a penalty, at the following address: Hermes Depot SAS - 108 chemin Sainte Hélène - La Cité Artisanale - 06560 Valbonne Sophia -Antipolis - France.

The return costs are the responsibility of the consumer.

The right of withdrawal can also be exercised as soon as ordering before the delivery of the products ordered.

To return the products, the consumer must first send an email to the professional seller & nbsp; span> return@kokochao .com & nbsp; span> specifying the order number canceled in order to obtain a return voucher.

The professional seller undertakes to reimburse the consumer at the latest within fourteen days of the date on which the right of withdrawal was exercised, under Reserve that the returned products are in their original packaging, complete, in perfect condition and accompanied by the original of the purchase invoice.

The return of products relating to consumer responsibility, it is up to him to return to follow-up and recommended with declaration of the value of the product. p>

7.5/ Reserve of ownership

The professional seller keeps the full property of the products sold until perfect collection of the price, in principal, fresh and taxes included.

7.6/ Resolution

The contract can be resolved by the consumer in case of:

• Delivery of a product not in accordance with the declared characteristics of the product;

• Delivery exceeding the deadline fixed in the order form for products whose value is greater than 500 euros under the conditions provided for in article 9.1. CGV;

• increase in price not justified by a technical modification of the product imposed by the public authorities.

In all these cases, the consumer may require the reimbursement of the deposit paid to the order, increased to interest at the legal rate from the date of collection of the deposit.

The contract can be resolved by the professional seller in case of:

• Refusal of the consumer to take delivery;

• non-payment of the price (or the price balance) at the time of delivery.

In all these cases, the deposit paid to the order remains acquired from the professional seller as compensation.

8. Payment

8.1/ Payment methods

The price is due in full after confirmation of the order.

in the event of payment of the balance on delivery, the sums paid to the order are considered as a deposit. (Article L. 114-1, paragraph 4 of the Consumer Code).

excluding the sums paid which are reimbursed in the event of unavailability of the product ordered under the conditions provided for in article 6-4 of the GTC, all Sum paid in advance on the price produced of interest at the legal rate at the expiration of a period of three months from payment until the delivery of the product or, failing this, to the return of the sum paid to the Order. (Article L. 131-1 of the Consumer Code).

Payment is immediately made to order by bank card, or any other means offered on the site

8.2/ Secure payment H5>

The site has an online payment security system allowing the consumer to encrypt the transmission of their banking data.

He will have to transmit his bank card number, according to the type of the latter,

The expiration date as well as the cryptogram number (3-digit number appearing on the back of the bank card).

It is specified that by choosing an immediate payment by bank card, as provided for in the above paragraph,

the consumer will then be automatically tilted on the monetic server.

The bank server is subject to security by encryption S.S.L. (Secure Socket Layer) so as to protect

as effectively as possible all the data related to the means of payment, and that at no time the consumer's banking data will pass on the Kokochao computer system. com. Its responsibility is therefore cleared.

in the event that the consumer decides to resort to one of the means mentioned above, the order will only be validated after receipt of the order by kokochao.com and validity of payment.

In any event, Kokochao.com reserves the right to refuse any order or any delivery in case;

of litigation existing with the consumer, total or partial non-payment of a previous order by the consumer,

refusal to pay payment by banking organizations,

of non-payment or partial payment, of use of a bank card not issued by a French financial institution. Kokochao.com responsibility cannot in any case be engaged.

8.3/ Delay of payment H5>

Any sum not paid at the due date is productive, without formal notice, of an interest in the legal rate.

8.4/ Payment defect

The professional seller reserves the right, in the absence of a payment of the price at the fixed maturity, to claim payment, to suspend delivery or to automatically resolve the contract and to keep, as a compensation, the deposit paid to the order.

9. Delivery

9.1/ Delivery period

The professional seller undertakes, in accordance with the delivery deadline indicated on the site for each of the products, to deliver the products within 15 days After receipt of order.

9.2/ Delivery delay

the delay in delivery exceeding seven days and not due to a case of force majeure can lead to the resolution of the sale by the consumer who, within sixty working days from the date of delivery indicated, will give up his order by registered letter with request for acknowledgment of receipt, will return, if necessary, the products if they have been delivered and receive from the seller at the latest within thirty days the return of his payment, excluding any compensation.

In any event, the products will be sent by the usual postal services.

kokochao.com therefore declines any responsibility in the event of a too much delivery time due to postal services or means of transport, as well as in the event of loss Products ordered or strike. The risks of transport are borne by the consumer, who will have to formulate a reasoned protest with postal services, within three working days from delivery.

In addition, it is specified that the property of the products ordered will be transferred to the buyer only to the total payment of the price invoiced, and this includes the costs delivery.

9.3/ Delivery methods

The products are delivered to the address indicated by the consumer on the order form.

Any claim of delivery error must be formulated by the consumer to the professional seller the same day of delivery or the first working day following delivery at the latest .

Delivery is made by post, or any other similar services

During delivery, a delivery note must be signed by the consumer who must check the compliance and the packaging state. << /p>

in the event of deterioration or partial loss of the product, the consumer must imperatively formulate at the reception of the reserves on the delivery note, a double is sent to the seller Professional and, within three days of this reception, notify these reservations to the carrier by registered letter with request for acknowledgment of receipt in accordance with article L. 133-3 of the Commercial Code.

The seller cannot be held responsible for the non-withdrawal of the order if it is found in a sorting center after the delivery service. Relaying costs will be borne by the customer if the address was poorly indicated or if the order has not been withdrawn on time at the distribution center. & Nbsp;

9.4/ Compliance of products

If the product does not comply with the order, the consumer must send a complaint to the professional seller in order to obtain the replacement of the product or possibly the Sale resolution.

9.5/ unavailability of products

in the event of unavailability of products to delivery, the professional seller can offer, under the conditions provided for in article 6-4 of the GTC, a product equivalent by its quality and its price.

9.6/ Delivery defect

The total delivery defect leads to the automatic resolution of the sales contract.

10. Guarantees

10.1/ Legal guarantees

All the articles proposed by & nbsp; span> www. Kokochao.com & nbsp; span> are subject to the legal warranty provided for articles 1641 and following of the Civil Code. & Nbsp;

The customer has a period of 3 days from receipt of the items to train any reservations or complaints for non-compliance or apparent defects of the items delivered, By e -mail or by registered mail with receipt notice at the following address: Hermes Dépot - 108 hp Ste Hélène, 06560 Valbonne.

past this period and failing to have respected this formality, the articles will be deemed to be in accordance with any apparent defect and no complaint can be validly accepted by & nbsp; span> www.kokochao.com . & Nbsp;

If the apparent defect or the lack of conformity of the article is proven, & nbsp; span > www.kokochao.com & nbsp; span> undertakes to replace the item or to reimburse the customer as soon as possible and at his expense. & nbsp;

This reimbursement will take place within 30 days. & nbsp; span> < Auto-recognition = "True" href = "http://www.kokochao.com/" Data-mce-fragment = "1" Data-mce-href = "http://www.kokochao.com/" Target = "_BLANK"> www.kokochao.com & nbsp; span> cannot be held responsible for misuse and/or use intensive items that the customer could do with it.

10.2/ clauses on guarantees

the exempt or limiting clauses of the rights granted to consumers under legal guarantees, who are deemed unwritten when they are concluded before any complaint on his part, are valid when they are concluded after complaint under article L. 211-17 of the Consumer Code.

10.3/ law applicable to guarantees H5>

the French law applicable to the contract under article 16 of the GTC cannot have the effect of depriving the consumer residing in another Member State of the provisions on The guarantees given to it by its national law in application of Directive No 99/44/EC of May 25, 1999 concerning the sale and guarantees of consumer goods.

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11. Responsibility

11.1/ liability exemption

The responsibility of the professional seller cannot be engaged in the event of non-performance or poor execution of the contract due, either to the fact of the buyer, or insurmountable and unpredictable fact of a third party to the contract, that is to be force majeure.

The responsibility of the professional seller cannot be engaged for non-compliance of the product to the legislation of the country of the consumer, to which it is up to check if the product does not is not prohibited for sale in his country.

The professional seller cannot be held responsible for any indirect damage that could arise due to the purchase of products.

The professional seller's site also contains information from third parties, and links to other websites. The professional seller may in no case be held responsible for damage resulting from use, access to, or inability to use this third -party information, nor the content of other websites.

consequently, the professional seller can in no way be held responsible for a death, a body injury and/or personal and/or loss of ownership or any loss which may result directly, indirectly, accidentally or consecutively due to product dysfunction.

11.2/ product security defect

In case of damage caused by a product security defect, the consumer must look for the responsibility of the identifiable manufacturer from the information mentioned on the packaging of the product product .

11.3/ penal clause

In all cases of non-performance of its obligations speaks consumer, the deposit paid to the order remains acquired from the professional seller as compensation. p>

12. Resolutory clause

The resolution of the order in the cases provided for in the CGV will be pronounced by simple registered letter with request for acknowledgment of receipt and will be acquired as of Formality judicial.

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13. Intellectual property

The elements reproduced on this site are the exclusive property of the publisher, are protected by copyright, brands law and law patents.

Any reproduction and any dissemination of these elements, without the prior written authorization of the publisher, expose the offenders to prosecution.

14. Personal data - Confidentiality

The collection of personal data, their use for the processing of orders and the constitution of customer files and their dissemination to third parties responsible for execution and Payment of orders, is subject to the consent of the person concerned.

The processing of nominative data, which are kept by the publisher for the sole purpose of good administration of orders and commercial relations, is the subject of 'A declaration to the National Information and Liberties Commission.

In accordance with the Data Protection Act n ° 78-17 of January 6, 1978, the consumer has at any time a right of access, modification , rectification and deletion of personal data concerning him with the professional seller.

15. Cookies

The site uses the use of cookies. Cookie is a computer file, stored on the consumer's microcomputer's microcomputer. Its purpose is to report a previous consumer visit to the site. Cookies are only used by kokochao.com in order to personalize the service offered to the user.

The consumer retains the possibility of refusing cookies by configuring his internet browser. He then loses the possibility of personalizing the service delivered to him by kokochao.com via the site.

15.1. Web tags

Some web pages of the site can sometimes contain electronic or "web beacons", which allow you to count the number of visitors on the page.

These web tags can be used with some of our partners, in particular in order to measure and improve the efficiency of certain advertisements.

in any event, the information obtained via these beacons is strictly anonymous and simply allow to bring together statistics on the attendance of certain pages of the site and this in order to better serve consumers on our site.

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16. Disputes settlement

16.1/ complaint

Any complaint must be sent to the consumer service: Hermes Depot SAS-Kokochao.com-108 chemin Sainte Hélène-La Cité Artisanale 06560 Valbonne Sophia-Antipolis-France.

16.2/ Mediation

in the event of failure of the claim request to the consumer service or in the absence of a response from this service within two months, the parties agree to resort to mediation to try to find an amicable solution to their dispute and to grasp justice in the event of failure of mediation.

For the amicable resolution of cross-border disputes, the European Commission has published a European complaint form for consumers available on the website of European EEJ-Net .

When a dispute is brought to the attention of a European consumer center, this organization transmits it to the European Center for Consumers of the State of Establishment of the professional who processes the file.

The procedure ends with an amicable regulation of a mediator or another competent authority.

16.3/ Territorial competence

For any dispute relating to the order form and the CGV, the competent court will be that of the place of the defendant's home or that of the effective delivery place of the product .

17. Applicable law

This contract and the GTC are subject to French law.