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General Conditions of Sale


deFINITION

"Web Site” Sellers web site: www.kinook.fr or www.kinook.biz
"Buyer” means the person who purchases goods. 
"Seller” means Kinook Company.
"Goods” means any product available on Seller’s web site

Application of General Conditions of Sale (G.C.S.)

When placing any order with the Seller, the Buyer accepts these G.C.S. in their entirety.  No special condition shall, unless expressly accepted in writing by the Seller prevail over these G.C.S. 

These G.C.S. constitutes the entire agreement between the Seller and the Buyer. The Buyer acknowledge that he/she has not relied on any statement, promise or representation made by or given by or on behalf of the Seller which is not set out in these G.C.


prICE

The prices of products are those which apply at the time of customer’s orders.
All prices are inclusive of legally applicable VAT.
Shipping cost is not included in Good’s prices published on Seller’s Web Site.


Orders

The Buyer places an Order on Seller’s Web Site by adding Goods to his/her basket and must follow the checkout process:

-Log in or create an account on Seller’s Web Site. 
-Select a shipping method. 
-Select a payment method.
-Order summary with the following information  is presented to the Buyer for review:
    • List of ordered Goods.
    • Delivery address.
    • Delivery method.
    • Payment method.
    • Goods Price (VAT included).
    • Shipping cost.
    • Seller’s G.C.S. is presented to the Buyer for review.
-The Buyer choose to accept or not Seller’s G.C.S. 
-Order is validated only if the Buyer has accepted the G.C.S.


Account

Initial Buyer must create an account on Seller’s Web Site. The account contains contact details and shipping address, telephone number and is protected by a password.

The Buyer is responsible for maintaining the confidentiality of his/her account and password created on the Seller’s Web Site.  Also restricting access to the Buyers’ computer, and to the extent permitted by applicable law and to accept responsibility for all activities that occur under Buyer’s account or password. 
The Buyer should take all necessary steps to ensure that the password is kept confidential and secure and should inform the Seller immediately if there is any reason to believe that Buyer’s password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. The Buyer is responsible for ensuring that the details provided are correct and complete, and for informing the Seller of any changes to the information provided. Seller’s Web Site allows the Buyer to access and update much of the information provided.

The Buyer should not use any Seller’s Service: (i) in any way that causes, or is likely to cause, any Seller Service to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

The Seller reserves the right to refuse service, terminate accounts or remove or edit content if the Buyer is in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies

 

deLIVERY

Goods will be delivered to the delivery address specified by the Buyer during the order process. 

A delay in the delivery of the Goods will not entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 30 days.

Seller’s liability for non-delivery of the Goods shall in the event that payment has been received for the Goods be limited to replacing the Goods within a reasonable time or providing the Buyer with a full refund at Seller’s discretion.


RiGHT TO CANCEL ORDER

The Buyer has the legal right to cancel his/her order without a reason. To cancel the order the Buyer must inform the Seller of his/her decision to withdraw the purchase. Withdrawal of the purchase must be done within the fourteen (14) days from the date the Buyer received the Product(s).

Refund will include products cost plus standard delivery cost (delivery cost to the Buyer’s address on withdrawn order). 
The Buyer will pay the costs of returning the goods to the Seller.

The Seller will refund the Buyer within (fourteen) 14 days from the date the Seller receives the Buyer cancellation notice and has received the products in good conditions.

The product must be returned complete including manuals and in good condition (unused and unpacked).

The Buyer must return the Product(s) using appropriate and suitable packaging to protect the Products during delivery at Buyer’s own expense to Seller’s returning address.

The Buyer must fill-in the return form from Seller’s website and include the return slip in the returning product(s) parcel.


lIaBILITY

The Seller will not be responsible for losses that were not caused by any breach on Seller’s part, or any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or any indirect or consequential losses that were not foreseeable to both the Seller and the Buyers when the contract for the sale of products by the Seller to the Buyer was formed.

The Seller will not be held responsible for any delay or failure to comply with Seller’s obligations under these conditions if the delay or failure arises from any cause which is beyond Seller reasonable control. This condition does not affect the Buyer’s right to have the products sent within a reasonable time.

Descriptions and illustrations contained on the Web Site are changed on regular basis and are published for the sole purpose of giving an approximate idea of the Goods and they shall not form part of the contract or have any contractual force.

When placing an order the Buyer indicates that the Buyer’s age is over 18 and has the necessary knowledge to use the Goods.
All work done using the Seller’s product(s) is done under the full responsibility of the Buyer. The Seller disclaims any liability for any errors and / or problems that may occur due to such work. The Seller or his suppliers shall not be liable in the event of an incident or injury related to the misuse of its products.



intellectuAL PROPERTY 

All content on Seller’s Web Site, such as text, graphics, images, videos, is the property of the Seller and is protected by international copyright laws. 
Extraction and/or re-utilising parts of the content of Seller’s Web Site express cannot be done without Seller’s written consent. 


Force majeure

The Seller shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of Seller’s obligations under it if such delay or failure result from events, circumstances or causes beyond Seller’s reasonable control. In such circumstances the Seller reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered without liability to the Buyer at our discretion.

If the event in question continues for a continuous period in excess of 30 days, the Buyer shall be entitled to give notice in writing to the Seller to terminate the Contract.



ApplicabLE LAW
These conditions are governed by and construed in accordance with the French laws.