TERMS AND CONDITIONS I 2016
1.1 These Terms and Conditions (T&C’s) apply to all
contracts concluded between a consumer or a professional
and Kitchoo (Suisse) SA (hereinafter referred to as “Seller”)
and for relevant products and / or services presented by the
seller on its online store. These Terms override any
conditions imposed by the client, except as otherwise
1.2 For the purpose of these Terms is considered consumer
any natural person who is acting for purposes which are
outside the framework of his trade, business, craft or
profession. For the purpose of these Terms, a professional is
a person or entity whether public or private, that is, including
through any other person acting on its behalf or on behalf of,
for entering as part of its trade, business, craft or profession.
1.3 The placing of an order implies full and unconditional
acceptance of our terms of sale. All conditions contrary to
the absence of express acceptance will be unenforceable
2. Conclusion of Contract
2.1 Product descriptions posted on the online shop of the
seller are binding offers by the seller, the customer accepts
by placing an order.
2.2 The customer can order via the integrated order form in
the online shop of the seller and thus accept the offer of the
seller. When ordering via the online form, the client, after
entering the personal information about the order and
clicking on completing the order (“Confirm Order”), issues a
binding acceptance declaration of offer relating to the goods
contained in the shopping cart.
2.3 The seller sends the client an acknowledgment of the
order sent to it by post or electronically.
2.4 The terms of the contract is archived by the seller and is
sent to the customer together with these Terms after
sending the order in text form (email, fax or letter). In
addition, this document is also archived on the seller’s
website and can be requested free of charge by the
customer through their account protected by a password
indicating the respective connection data provided that the
customer creates an account on the seller’s website before
placing an order.
2.5 Before passing a firm and final order via the online form
of the seller, the customer has the option to correct his
entries with the usual keyboard functions. In addition, all of
the information is displayed again in a confirmation window
just before the final confirmation of the order and can be
corrected in the same way.
2.6 Only the French version is binding for the contract.
will be established with French VAT (“TTC”)
5.3 For Intra customers subjected to VAT, invoicing will be
established without VAT (“HT”), according to art. 262.1 of
the Tax Code. For Intra customers not subject to VAT,
invoicing will be established with French VAT (“TTC”) and
until authorized threshold.
6. Terms of delivery
6.1 Delivery of goods will be to the delivery address specified
by the customer, unless otherwise agreed.
6.2 If the transport company returns the goods to the seller
following the failure of the delivery of the goods to the
customer, the costs of the unsuccessful expedition are the
responsibility of the customer.
6.3 The risk of loss or damage to the goods passes to the
customer when he or a third party designated by the
consumer and other than the consumer takes physical
possession of the goods. If the customer is a professional,
the risk of loss or damage is transferred to the customer
upon delivery of the goods to a carrier entitled to the
registered office of the seller.
6.4 Delivery times are only given as an indication. However in
case of late delivery of more than 10 working days, the
customer has the right to cancel the order. The seller will
refund using the same method of payment that the customer
has used for the initial transaction.
6.5 In any case, the delivery time will be extended in the
event of a force majeure. In particular, constitute force
majeure: total or partial strikes of our suppliers, transport
difficulties, machinery breakdown or equipment, wars,
political or economic turmoil, destruction or other events
preventing or reducing our normal supply and delivery of our
goods. These force majeure causes lead at our discretion to
the termination or suspension of the seller’s obligations.
7.1. The guarantee is valid for 2 years from the date of issue
and covers replacement of defective parts. This warranty
covers defects in design, manufacture, operation or materials
will reveal to commissioning or use under normal use. As an
intermediary, the warranty relating to appliances, sanitary
items and other accessories sold and delivered by the seller
shall be that given by the respective manufacturer. However,
this latter guarantee will be less than 1 year.
7.2 The legal guarantee of conformity is applicable
regardless of the possibly granted commercial
guarantee. The customer may decide to implement the
guarantee against hidden defects of the object sold. In this
case, he can choose between the cancellation of the sale or
reduction of the selling price.
2.7 The treatment of the order is done by email and via an
automated order processing system. The customer must
ensure the accuracy of the e-mail address provided for order
processing purposes and ensure that it can receive e-mails
sent by the seller. Furthermore, the customer shall in
particular, when using junk email filters (spam), ensure that all
emails sent by the vendor itself or by third parties
responsible for the order can be received.
3. Right of withdrawal and return
3.1 The customer is entitled to withdraw from this contract
without giving any reason within 10 (ten) days. The
withdrawal period will expire ten (10) days after the day the
customer or a third party other than the carrier and indicated
by the customer takes physical possession of the
property. To exercise the right of withdrawal, the customer
must notify the seller of his decision to withdraw from this
contract by an unequivocal statement (ex letter sent by mail,
fax or email). In order for the withdrawal period to be
complied with, it is sufficient that the customer transmits this
communication concerning the exercise of the right of
withdrawal before the expiration of the withdrawal period.
3.2 In case of return of the goods, no additional charges,
exemption from costs of returning the goods can not be
charged to the customer, provided that the goods be
returned in good condition at the address designated by the
seller. The seller will refund using the same method of
payment that the customer has used for the initial
4. Price and payment terms
4.1 As far as nothing else results from the product
descriptions published by the seller, the price specified by
the seller is in Euro for the countries of the European
Community and Switzerland.
4.2 Delivery and shipping are explicitly displayed on the
4.3 For deliveries to countries outside the European
Community or Switzerland, additional costs may
be incurred and are at the customer’s charge.
4.4 The client can choose among several payment options
that are displayed on the seller’s site.
5. Added Taxes (VAT)
5.1 For companies or individuals established in Switzerland,
invoicing will include VAT (Swiss VAT).
5.2 For customers established or not established in France
with a VAT number in France, the invoicing is established
without VAT (“HT”, reverse charge under Art 283.1 of the Tax
Code). For customers without VAT number in France, invoice
7.3 If goods are delivered with obvious transport damage,
the customer is asked to make these claims relating to these
defects to the distributor, the carrier and notify the Seller. If
the customer does not comply with this request, it does not
affect its legal or contractual rights under the punitive
8. Protection of personal data
The information contained in our files is limited to data
necessary for customer service in strict compliance. During
visits to our website, the customer is invited to provide
personal data through questionnaires, forms, and especially
when creating your account (s). Intelligence fields with an
asterisk * are required fields because they are essential for
the processing of orders. More details on the protection of
personal data contained in the file “Declaration on the
protection of personal data.”
9. Use of products
The application, implementation of products marketed by
the seller, not being made by the seller, are the sole
responsibility of the customer. The seller assumes no
liability for defects or damage caused by natural wear caused
by faulty installation, faulty maintenance or modification of
the product not envisaged or specified by the seller.
The customer agrees to not disclose to any third party and
has no use other than in connection with the subject of the
order, including information and solutions,
technical manufacturing which may come to light. In
addition, the client will not be interested, directly or
indirectly, in any way in the manufacture, sale, representation
or storage of a similar product subject of the order and likely
to compete. I.e. that it is identical or able to be
valid for 5 years from the date of issuance.
11. Applicable Law, Jurisdiction
The right of the Swiss Confederation applies under all legal
relationships or engaging business Kitchoo (Suisse) SA. The
United Nations Convention on the International Sale of
Goods (CISG) or any other international treaty, is not
applicable, even after integration into the law of the Swiss
In the context of trade relations and agreements with legal
entities of public law, reference is given as to place of
jurisdiction is the Kitchoo head office (Suisse) SA, and for all
disputes with Kitchoo (Suisse) SA, and for any dispute
relating to these Terms of Sale, the contracts concluded
under the past, including treaty on banking and payments by
The seller is also entitled to bring a legal action before the
competent court for the head office of the customer against
which we would begin prosecution.