General Terms of Sale

1. Save for any derogations agreed upon between the parties and expressly confirmed in writing, the relationship between Kokoon Design and its customers shall be governed by the present general terms and conditions of sale which have been recognised and accepted by the customer, even if they were to conflict with the customer’s own general and special terms and conditions of purchase.

2. The customer hereby declares that he intends to sell on the products purchased and that he does not purely purchase them for his own personal use.

3. Our prices are invariably quoted exclusive of taxes. Our product offers and price lists are drawn up and submitted to the customer under reserve of any subsequent changes and corrections. Photographs and images are provided for illustrative purposes only and shall not be deemed to be contractually binding.

4. The fact that the customer validates his order implies that he has accepted the prices and the descriptions of the products offered for sale. By placing an order online, by email or fax, the customer explicitly confirms that he wishes to conclude a contract of sale with Kokoon Design and that he has accepted the present general terms and conditions of sale. Kokoon Design undertakes to honour the orders it receives provided the products ordered are in stock. Product availability can be checked on the extranet.
Kokoon Design undertakes to as soon as possible notify the customer if a product would have become unavailable. The contract of sale between Kokoon Design and the customer comes into effect as soon as Kokoon Design has accepted the order.

5. The products shall be delivered by independent carriers (DPD, Exapaq, Mondial Relay, Gefco and DSV) within Metropolitan France, Belgium, Netherlands, Luxembourg, Great-Britain, Denmark, Germany, Austria, Poland, Slovakia, Czech Republic, Hungary, Spain, Portugal & Italy. Other destinations are available on request and subject to quotation. The delivery of products shall, insofar as possible, be performed on the date specified on the order confirmation. Delivery lead times shall be deemed to be indicative only even though they are adhered to in more than 95% of cases. On no account shall Kokoon Design be liable for damages if a delivery lead time is exceeded. Applicable customs duties, notably import or excise duties, shall invariable be borne by the consignee and can on no account be claimed back from or compensated by Kokoon Design.

6. Delivery charges and assembly costs shall invariably be borne by the buyer, unless agreed otherwise in writing. The goods shall be assembled at the buyer’s own risk and peril.

7. Kokoon Design shall retain ownership of the products sold until such time as the price in principal and incidentals has been settled in full. In the event of resale, the seller shall also be entitled to claim the price of the goods held by the sub-purchaser. The retention of title shall be transferred to the resale price. All risks, whatever their nature, including fortuitous events and events of force majeure, storage included, shall transfer to the buyer at the moment the goods are delivered. The failure to pay any instalment by its due date may result in the goods being repossessed.
Fixed penalties of 12% of the amount owed shall be charged to cover the cost of collecting payment of any invoices that have not been settled within 30 calendar days of the expiry date of the invoice in question. Furthermore, interests at the rate of 8% (per annum) shall be charged as of the thirtieth day of delay.
Solely the courts of the judicial district of Liege (Belgium), where the registered office of Kokoon Design is located, shall have jurisdiction to adjudicate on any disputes that may arise.

8. At the time of delivery, the buyer is obliged to meticulously inspect the packaging of the goods delivered and, if the packaging is damaged or dented, to, on the delivery docket, express his reserves as regards the external signs of damage before accepting the delivery. The buyer shall also notify the seller in writing or by email (sav@kokoondesign.com). If the buyer does not notify the seller of any defects a meticulous examination would have brought to light within 4 (four) calendar days of delivery, the buyer shall be deemed to have accepted the goods as they were delivered and accepts that any right of protest beyond that deadline shall expire.
The seller shall be given the opportunity to immediately verify the complaints made. The buyer undertakes to, in any event, allow the seller to repair any goods that may be marred by a defect.
The buyer shall lose all his rights and competences if he fails to voice his complaints within the aforementioned time frame and/or if he did not as meticulously and as quickly as possible examine the goods for any possible defects.
If the complaint is covered by warranty and seems justified in the eyes of the seller, the latter may either choose to offer the buyer compensation capped at the amount invoiced for the goods supplied or replace the goods supplied free of charge. The seller shall on no account be obliged to pay any other type of damages or indemnity of any description.

9. As production planner and importer of its range, Kokoon Design offers a statutory warranty against any hidden defects for a period of 2 years as of the invoice date. Kokoon Design shall in any event limit its intervention to the replacement of the defective products or to a refund of the price paid and shall on no account be liable for any further damages. The buyer hereby undertakes not to claim any compensation for any damage, material or otherwise, whatever its nature, the buyer or a third party may sustain as a result of Kokoon Design having offered the products for sale or as a result of the use that is made of the products sold. On that account, the customer shall refrain from making any claims against Kokoon Design and hereby recognises that Kokoon Design is not in a position to guarantee that the products sold do not impinge on the rights of third parties.
In performance of this warranty and so as to allow Kokoon Design to properly redress the defect, the parties hereby agree to use numbered photographs to process any complaints covered by warranty.
The end-user is obliged to forthwith notify the seller (in other words, the customer of Kokoon Design) if he discovers a defect to the product while unpacking and assembling it and the latter shall ensure that Kokoon Design is notified of the complaint.
On no account shall a defective product in respect of which a complaint was made be assembled and used without the prior consent of the customer service department. Any product that has been assembled shall be deemed to have been accepted.

10. By virtue of the fact that the customer places an order via the Kokoon Design website, he expressly authorises Kokoon Design to process his personal data and to use them for customer administration, order management, delivery and invoicing purposes, to follow-up creditworthiness and for marketing and advertising purposes. The use of these data for marketing and personalised advertising purposes shall be subject to the customer’s prior consent, given during the ordering process. Kokoon Design hereby undertakes to only disclose these data to its subsidiaries on a needs basis and not to disclose them to any third party whatsoever. Customers who have ordered via the www.kokoondesign.com website shall at all times be entitled to view and have any of their personal data Kokoon Design has registered corrected. Customers are, on request and free of charge, entitled to object to their data being processed for direct marketing purposes. For further information, customers are asked to contact the public register updated by the Privacy Commission in Brussels.

11. If one of the provisions in these presents were to be declared null and void or inapplicable, the other conditions shall remain in full force and effect and the provision in question shall be applied insofar as permissible by law.

12. Within the framework of their relationship, the parties hereby agree to electronic forms of evidence such as emails, back-ups….

13. Any disputes regarding the conclusion, validity, interpretation or performance of the contract shall be exclusively governed by Belgian law. Solely the courts of the judicial district of Liege (Belgium), where the registered office of the seller is located, shall have jurisdiction to adjudicate on any disputes that may arise.

This post is also available in: Dutch, French

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