Terms and conditions
1.Scope
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 agreed.
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 are binding offers by the seller, the customer accepts by placing an order.
2.2 The seller sends the client an acknowledgment of the order sent to it by post or electronically.
2.3 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.
2.4 The treatment of the order is done by email. 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. Price and payment terms
3.1 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 in CHF for Switzerland.
3.2 Delivery and shipping are confirmed by the seller.
3.3 For deliveries to certain countries or part of countries additional cost may be incurred and are the customer’s charge.
4. Added Taxes (VAT)
4.1 For companies or individuals established in Switzerland, invoicing will include VAT (Swiss VAT).
4.2 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 will be established with French VAT (“TTC”)
4.3 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.
5. Terms of delivery
5.1 Delivery of goods will be to the delivery address specified by the customer, unless otherwise agreed.
5.2 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.
5.3 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.
5.4 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.
6. Warranty
6.1 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.
6.2 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.
6.3 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 damages.
7. 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."
8. 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.
9. Confidentiality
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 substituted in the consumer's mind. This Privacy Policy is valid for 5 years from the date of issuance.
10. 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 Confederation. 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 check.
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.