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.