General terms and conditions of sale

Preamble

Website ownership: The kokko.net website is wholly owned by VERYCOOK SAS, including all related rights. Any reproduction, whether in full or in part, is prohibited without the express prior authorization of kokko.net.

Registered office of VERYCOOK SAS for Kokko: 7 rue des Platriers 69009 Lyon FRANCE

Establishment of VERYCOOK SAS for Kokko: 7 rue des Platriers 69009 Lyon FRANCE

Logistics of VERYCOOK SAS for Kokko: LDPI Logistique pour Kokko - 5 Chemin de Malatrait 38290 LA VERPILLIERE FRANCE

1. Acceptance of the general terms and conditions of sale

The customer acknowledges having read, prior to placing an order, the general terms and conditions of sale stated on this screen and expressly declares to accept them without reservation. These general terms and conditions of sale govern the contractual relationship between Verycook SAS and its customer. They will prevail over any other conditions appearing in any other document, unless previously expressly agreed in writing by Verycook SAS.

Kokko.net may modify these general terms and conditions of sale at any time without prior notice. The applicable conditions will be those in force on the site at the time of order validation.

2. Ordering

The automatic recording systems are considered proof of the nature and content of the order. kokko.net confirms acceptance of the order to the customer at the e-mail address provided. The sale will be concluded as of the validation by kokko.net of the payment of the order, i.e. the date of validation of payment for orders paid online by credit card or the date of receipt of payment by bank transfer or check. kokko.net may refuse or cancel an order for legitimate reasons (e.g. suspicion of fraud, unpaid, obvious error on the price, unresolved stock shortage), after informing the customer and, where appropriate, full reimbursement of sums paid. These provisions do not deprive the consumer of his legal right to cancel in the event of a breach by the professional.

3. Price and payment

The price is expressed in Euros and includes all taxes.

The price indicated in the order confirmation is the final price, expressed inclusive of all taxes and including VAT for France and the EEC countries. This price includes the price of the products, handling, packaging and storage costs, transport costs, insurance and commissioning.

The price is payable in cash on the day of order confirmation. Delivery charges and any additional costs (e.g. for difficult-to-reach areas) are indicated before the order is confirmed. Applicable taxes/eco-participations are specified where applicable.

Payment is made:

> By credit card bearing the CB logo, online. E-transactions allows you to pay via a Crédit Agricole bank server in a secure environment. Your credit card number is therefore directed to the bank's servers; your payment is made directly to a bank in a secure environment without going through the store's server. This guarantee is all the more important because your numbers are only known to our banking partner (Crédit Agricole).

The order will be automatically cancelled and the customer notified by e-mail in the event that the bank payment centres concerned refuse to give their approval. kokko.net has set up a procedure for verifying and requesting additional information from the customer, intended to ensure that the user of the bank card is its holder. The implementation of this procedure, which cannot be considered as a guarantee against fraudulent use of a bank card, nor can it engage the responsibility of kokko.net, postpones the validation of the payment until the verification procedure has been completed. This may lead to cancellation of the order.

> By check: Checks should be made payable to Verycook SAS and sent to the following address:

Kokko at VERYCOOK SAS

7 rue des Platriers

69009 LYON

FRANCE

Payments made are not considered as deposits.

4. Retention of Title Clause

By express agreement, and in accordance with articles L.216-1 et seq. and L.221-15 of the French Consumer Code, the products ordered remain the property of Verycook SAS until full payment of their price by the customer. In the event of non-performance of its obligations by the customer, whatever the cause, Verycook SAS shall be entitled to demand the immediate return of the products at the customer's expense, risk and peril.

5. Product Availability and Shipping

All deadlines announced on the kokko.net website are in working days (excluding Saturdays, Sundays and public holidays). Each product sheet indicates:

> Either the presence in stock of the product concerned: the indication "in stock" corresponds to the state of the stock at kokko.net at the time of the order.

> Or a period of availability: the period of availability corresponds to the time required to replenish stock at kokko.net.

In general, orders are processed after payment validation when they are paid online by credit card or via PayPal, upon receipt by kokko.net of payment when the customer has chosen payment by bank transfer or check. The indications "in stock" and the availability times are subject to change between the date of the order and, as the case may be, the date of validation of the payment by credit card / PayPal or the date of receipt of the transfer or check. Availability times are also subject to modification at the initiative of the supplier and/or manufacturer.

In case of product unavailability:

> Definitive unavailability: kokko.net undertakes to offer the customer replacement products or to reimburse the missing items, without delay and within 14 days at the latest, in accordance with Articles L.216-1 et seq. and L.221-15 of the French Consumer Code.

> Temporary unavailability: kokko.net informs the customer when the product will be available again. The customer then has the option of maintaining the order within the new timeframe, modifying it or cancelling it. In the latter case, kokko.net undertakes to reimburse the missing items without delay and at the latest within 14 days in accordance with articles L.216-1 et seq. and L.221-15 of the French Consumer Code. Shipments to French overseas departments and territories will be subject to acceptance of the package in the hold.

6. Delivery

The delivery of orders is carried out by providers independent of the company kokko.net and within the deadlines announced by these providers. The deadlines announced by these providers are usually 24-48 hours for GLS and 3-4 days for DB SCHENKER.

To report any difficulty related to delivery to kokko.net, the customer has free online order tracking, accessible via the order details.

For deliveries outside of mainland France, the customer agrees to pay all taxes due on the importation of products, customs duties, value added tax, and all other taxes due under the laws of the country of receipt of the order. All orders placed with kokko.net are intended for the personal use of customers; customers or recipients of the products are prohibited from any partial or total resale of the products. kokko.net cannot be held responsible for the failure to pay taxes for which the customer is liable.

In Metropolitan France, delivery will be carried out by GLS or Schenker with a package tracking link.

Whatever the place of delivery, it is carried out within the time slot agreed with the customer by handing over the product directly to the announced recipient, or in the event of absence, to another person authorized for this purpose by the customer. In the absence of the addressee, the carrier and/or kokko.net will contact the addressee within 24 hours. The customer is responsible for checking the condition of the products upon receipt. In the event of damage, he/she must state his/her reservations precisely on the delivery note. Upon delivery, we invite you to check the package and, if necessary, to make reservations with the carrier. Failure to do so will not affect your legal rights under the 2-year conformity guarantee. Notify us of any defects within a reasonable time of their discovery.

kokko.net will, in any event, be released from its obligation to deliver in the event of:

> In the event of force majeure preventing delivery, either party may request termination of the contract; the customer will be reimbursed any sums paid,

> Non-performance by the customer of any of its obligations (payment of the price, accuracy of the information communicated by the customer such as the delivery address, etc.)

7. Warranty

In addition to legal warranties (see "Legal warranties" box), certain products benefit from a manufacturer/Verycook commercial warranty (duration indicated on the product sheet). This commercial warranty is in addition to, and in no way restricts, legal rights.

Any return must be preceded by the prior agreement of kokko.net and the assignment of a return number. Returns must be sent to:

LDPI Logistics for Kokko 

5 Chemin de Malatrait

38290 LA VERPILLIERE

FRANCE

In the absence of prior agreement, a return number or any other kokko.net address, the goods will be returned to the customer carriage forward. To limit risks, we recommend suitable packaging (ideally the original packaging). The absence of original packaging does not prevent the exercise of legal rights.

In any event, the customer benefits from the legal guarantee against hidden defects (Article 1626 and following of the Civil Code). Provided that the buyer proves the hidden defect, the seller must legally repair all the consequences (Article 1641 and following of the Civil Code).

The following are excluded from any guarantee:

1. Uses and maintenance that do not comply with the instructions for use provided with the product, as well as defects in use or maintenance.

2. Deterioration due to an error in handling or connection (whether carried out with the original accessories or with other accessories substituted by the customer), abusive or abnormal use, intentional or accidental physical modification, or use for professional or commercial purposes.

3. Detached parts or accessories whose replacement results from their normal wear and tear, or from routine maintenance operations: bulbs, batteries, seals, etc.

4. Deterioration due to an external event (lightning, water damage, etc.).

5. Interventions carried out on the device by any person not authorized by the After-Sales Service, as well as malfunctions and deteriorations resulting from such an intervention.

Legal warranties (independent of any commercial warranty)

Legal warranty of conformity (C. consom. art. L.217-3 to L.217-32):
- You have a period of two years from the date of delivery of the good to obtain the implementation of the legal warranty of conformity in the event of the appearance of a defect of conformity.
- During this period, you need only prove the existence of the defect.
- You have the right to repair or replace the good within 30 days, free of charge and without major inconvenience.
- In the event of repair, the warranty is extended by 6 months; if you have requested repair and the seller imposes replacement, the warranty is renewed for 2 years from the date of replacement.
- You may obtain a reduction in price or rescission of the contract in the cases provided for by law.
- Any period of immobilization suspends the remaining warranty.
Hidden defects warranty (C. civ. art. 1641 to 1649): you may take action within 2 years of the discovery of the defect to obtain reimbursement or a reduction in price.

8. Limitation of liability

We take the utmost care when putting information and product descriptions (texts, photographs, prices) online. Despite all our vigilance, non-substantial errors may occur.
These possible variations do not affect the essential characteristics of the products.

In any event, nothing in these conditions shall exclude or limit your statutory rights or our liability:

• in the event of a lack of conformity or latent defect in the product,

• in the event of gross negligence or wilful misconduct on our part,

• or in the event of personal injury caused by a defective product.

9. Withdrawal

In accordance with articles L.221-18 to L.221-28, you have a period of 14 days from receipt to exercise your right of withdrawal, without having to justify your decision.
To exercise this right: contact us (contact details below) or use the standard withdrawal form (see end of GTCS).
You must return the products within 14 days of your notification of withdrawal. You may be liable for the cost of returning the goods, unless otherwise indicated.
You are only liable for any depreciation resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
We will refund all payments received, including standard delivery charges, no later than 14 days from your notification, and may defer the refund until recovery of the goods or proof of shipment. Reimbursement will be made by the same means of payment as that originally used.
Exceptions: the cases exhaustively provided for in art. L.221-28..

Return address :
LDPI Logistique for Kokko 

5 Chemin de Malatrait

38290 LA VERPILLIERE

FRANCE

10. Legal information

The personal information collected in the context of orders is necessary for processing and tracking orders, and for issuing invoices and warranties.

They are processed by Verycook SAS in accordance with Regulation (EU) 2016/679 known as the RGPD and Law No. 78-17 of January 6, 1978 as amended relating to data processing, files and freedoms.

You have the following rights to your personal data at any time:

• right of access,

• right of rectification,

• right to erasure,

• right to object and to limit processing,

• the right to portability of your data,

• the right to define directives concerning the fate of your data after your death.

These rights may be exercised by contacting us at the following address: [email protected] or by post at Verycook SAS - 7 rue des Platriers, 69009 Lyon, France.

For more information on how we manage your data, please consult our Privacy Policy, available on the site.

You also have the right to lodge a complaint with the CNIL.

11. Commitment to data protection

In accordance with the provisions of law n° 98-536 of July 1, 1998, transposing into the intellectual property code directive 96/9/EC of March 11, 1996, concerning the legal protection of databases, kokko.net is the producer and owner of all or part of the databases comprising this site. By accessing this site, the customer acknowledges that the data comprising it is legally protected, and, in accordance with the provisions of the aforementioned law of July 1, 1998, in particular refrains from extracting, reusing, storing, reproducing, representing or storing, directly or indirectly, on any type of medium, by any means and in any form whatsoever, all or part qualitatively or quantitatively substantial, of the content of the databases appearing on the site to which it accesses.

12. Applicable law

This contract is subject to French law.

13. Consumer mediation

In accordance with article L.612-1 of the French Consumer Code concerning "the mediation process for consumer disputes", after having contacted us and in the absence of a satisfactory response, you have the possibility of having recourse, free of charge, to a consumer mediation procedure with :

CM2C
49 rue de Ponthieu
75008 PARIS
France

Tel : 01 89 47 00 14
Website : https://www.cm2c.net/declarer-un-litige.php
Mail : [email protected]

The consumer may also use the European online dispute resolution platform (RLL) accessible at the following address: https: //ec.europa.eu/consumers/odr/

Standard withdrawal form

(To be completed and returned only if you wish to withdraw from the contract)

Attention:
VERYCOOK SAS - Service Client
7 rue des Platriers - 69009 Lyon - France
Email : [email protected]

I hereby notify you of my withdrawal from the contract for the sale of the following goods / services:

• Ordered on () / received on (): ....................................

• Name of consumer(s): ....................................

• Address of consumer(s): ....................................

• Signature of consumer(s) (only in the case of notification of this form on paper): ....................................

• Date: ....................................

(*) Delete as appropriate.