General terms and conditions of sale
1. Unless there is an express written derogation agreed between the parties, the relationship between Kokoon Design and its customers is subject to these general terms and conditions of sale which are recognised and accepted by the customer, including in the event that they are in contradiction with the customer’s own general or special terms and conditions of purchase.
2. The customer declares that he/she intends to resell the purchased products and not to purchase them for the sole purpose of being the end user.
3. Our prices are always exclusive of tax. Product offers and price lists are drawn up and communicated to the customer subject to subsequent changes and corrections. The photos and images shown are not contractual.
4. Any validation of an order implies acceptance of the prices and descriptions of the products available for sale. By placing an order online, by e-mail or fax, the customer explicitly indicates that he/she wants to conclude a sales contract with Kokoon Design and agrees with these general conditions. Kokoon Design undertakes to honour orders received only within the limits of available stocks of products. The availability of articles can be checked on the extranet.
If the product is not available, Kokoon Design undertakes to inform the customer as soon as possible. The sales contract between Kokoon Design and the customer comes into being at the moment of acceptance of the order by Kokoondesign.
5. The products are delivered by independent carriers (DPD, Exapaq, Mondial Relay, Gefco and DSV) in mainland France, Belgium, the Netherlands, Luxembourg, Great Britain, Denmark, Germany, Austria, Poland, Slovakia, Czech Republic, Hungary, Spain, Portugal & Italy. Other destinations are possible on request and on quotation. Wherever possible, the products will be delivered on the date stated in the order confirmation. The delivery times are therefore indicative, even if they are more than 95% respected. Any delays shall not under any circumstances give rise to the payment of damages by Kokoon Design. Customs taxes, in particular import taxes or excise duties that may be due are in all cases payable by the recipient and may not give rise to any claim or request for compensation from Kokoon Design.
6. The costs of delivery and installation shall be borne by the buyer in all circumstances, unless otherwise agreed in writing. The assembly of the goods takes place at the buyer’s risk.
7. Kokoon Design remains the owner of the products sold until the day of full payment of the price in principal and accessories. In case of resale the seller also retains the possibility to claim the price of the goods held by the sub-purchaser. The retention of title is transferred to the resale price. As soon as the goods are delivered, the risks of all kinds, including acts of God and force majeure, and custody, are transferred to the buyer. Failure to pay any of the instalments may result in the goods being reclaimed.
In the event of late payment of more than 30 calendar days from the due date of the invoice concerned, a fixed fine of 12% of the amount will be payable to cover collection costs. In addition, an interest of 8% (on an annual basis) on the amount due will be charged from the 30th day of delay.
In the event of a dispute, only the courts of the judicial district of Liège (Belgium) in which the registered office of Kokoon Design is located shall have jurisdiction.
8. At the time of delivery, the buyer is obliged to carefully inspect the packaging of the products delivered and, in the event that there are any defects or traces of impact, to express his reservations regarding external signs of damage in writing on the delivery note before accepting it. The buyer must also notify the seller in writing or by e-mail ([email protected]). If the buyer does not inform the seller within 4 (four) calendar days after delivery of any defects that may be found after careful examination, the buyer shall be deemed to have accepted the goods delivered in the condition in which they are found and any right of complaint shall expire after this period.
The seller must be able to immediately check the claims made. The buyer undertakes to give the seller the opportunity to repair any defects under all circumstances.
The buyer loses all rights and powers at his disposal if he has not communicated his complaints within the above-mentioned time limits and/or if he has not given the seller the opportunity to remedy the defects and/or if he has not given the necessary attention to discover the defects as soon as possible.
If the complaint falls within the terms of the guarantee and appears to the seller to be justified, the seller shall have the option of paying compensation amounting to a maximum of the invoice value of the goods delivered, or replacing the goods delivered free of charge. The seller is not obliged to pay any other damages or compensation in any form whatsoever.
9. As a production manager and importer of its range, Kokoon Design provides a legal guarantee against hidden defects for a period of 2 years from the date of invoice. Kokoon Design shall in any event limit its intervention to the replacement of the defective products or the reimbursement of the price paid without the customer being able to claim additional damages. The purchaser undertakes not to claim any compensation for damage, material or otherwise, of any nature whatsoever, that he or a third party may suffer as a result of the sale or use of the products sold by Kokoon Design. The customer hereby waives all recourse against Kokoon Design and acknowledges that Kokoon Design is not in a position to guarantee that the products sold do not infringe the rights of third parties.
In exercising this warranty and in order to enable Kokoon Design to deal with the defect appropriately, the parties agree to the use of digital photographs as part of the processing of warranty claims.
If the end consumer finds a defect in the product when unpacking and assembling it, he/she is obliged to inform the seller (in this case the customer of Kokoon Design) immediately, who will forward the complaint to Kokoon Design.
A product with a defect that is the subject of a complaint may not be assembled and used without prior approval from the Service Department. Any assembled product is considered accepted.
10. By simply ordering on the Kokoon Design website, the customer expressly authorises Kokoon Design to proceed with the processing of his/her personal data and to use them for purposes such as customer administration, management of orders, deliveries and invoicing, monitoring of solvency, marketing and advertising. The use of this data for marketing purposes or personalised advertising is subject to the prior consent of the customer, given during the ordering process. Kokoon Design undertakes to communicate this data only for the needs of its subsidiaries, to the exclusion of any other third party. The customer who has ordered on the www.kokoondesign.com site may at any time ask to consult and correct the personal data that Kokoon Design has recorded. The customer has the right to object, on request and free of charge, to the intended processing of data for direct marketing purposes. For further information, the customer is invited to contact the public register maintained by the Commission for the Protection of Privacy in Brussels.
11. If any of the terms and conditions herein shall be held to be invalid or unenforceable, the remaining terms and conditions shall remain in full force and effect and such term and condition shall be enforceable to the fullest extent permitted by law.
12. The parties accept, within the framework of their relations, electronic means of proof such as Emails, back up, ….
13. disputes relating to the conclusion, validity, interpretation or execution of the contract shall be governed solely by Belgian law. In the event of a dispute, only the courts of the judicial district of Liège (Belgium) where the seller’s registered office is located shall have jurisdiction.