ARTICLE 1 - Scope of application
The present Terms and Conditions of Sale apply, without restriction or reserve, to all sales concluded by Jacques Family ("the Seller") with consumers and non-professional buyers ("the Clients or the Customer"), wishing to acquire the products offered for sale by the Seller ("the Products") on the website www.kokunlab.com.
They specify in particular the conditions of order, payment, delivery and management of possible returns of the Products ordered by the Customers.
These Terms and Conditions of Sale may be supplemented by special terms and conditions, set out on the website, before any transaction with the Customer.
These Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in shops or by means of other distribution and marketing channels.
They are accessible at any time on the website www.kokunlab.com and shall prevail, if necessary, over any other version or any other contradictory document.
As these Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.
The Customer declares that he/she has read these Terms and Condition of Sales and has accepted them by ticking the box provided for this purpose before the online ordering procedure on the www.kokunlab.com website is implemented.
ARTICLE 2 - Products for sale
The Products offered for sale on the website www.kokunlab.com sare the products listed on the following page: https://kokunlab.com/collections/tous-nos-produits
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.kokunlab.com
The Customer is obliged to read them before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
The photographs and graphics presented on the website www.kokunlab.com are not contractual and shall not engage the responsibility of the Seller.
The Customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times.
The contractual information is presented in French and English and is confirmed at the latest when the Customer validates the order.
The Products presented on the website www.kokunlab.com are offered for sale in the following territories Metropolitan France including Corsica, Monaco, Belgium, Luxembourg, Netherlands, Germany, Spain, Italy, Sweden, Denmark, Finland, Austria, Greece, Ireland, Switzerland and Canada as well as the DOM-TOM: Guadeloupe, French Guiana, Martinique, Mayotte, New Caledonia, French Polynesia, Reunion, Saint Barthélemy, Saint Martin, Saint Pierre and Miquelon, Wallis and Futuna, French Southern and Antarctic Territories.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.
ARTICLE 3 - Period of validity of the Product offer
Product offers are subject to availability, as specified when the order is placed.
ARTICLE 4 - Seller's contact details
The Seller's contact details are as follows:
Jacques Family SAS
Share capital of 3000€
Registered at the RCS of Grenoble under the number 902893114
3 ter chemin de Saint-Martin, 38240 Meylan, France
In accordance with the French Data Protection Act of 6 January 1978, reinforced and completed by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, the right to access, rectify, oppose, delete and port all of his/her personal data by writing, by post and providing proof of his/her identity, to the Vendor's address, mentioned above.
Validation of the order by the Customer implies acceptance without restriction or reservation of these Terms and Conditions of Sale.
The Customer acknowledges that he/she has the required capacity to contract and acquire the Products offered on the website www.kokunlab.com.
ARTICLE 5 - Orders
5-1 . Placing an order
It is the Customer's responsibility to select the Products he/she wishes to order on the website www.kokunlab.com, in the following manner:
- Browse the kokunlab.com website
- Add the chosen product(s) to the basket by clicking on the "Add to basket" or "Pre-order" button on each product page
- Read and validate the general terms and conditions of sale by ticking the box "I accept the terms and conditions of sale"
- Validate the shopping cart by clicking on "Proceed to payment" on the order summary page.
- Fill in the buyer's details for delivery
- Verify the order
- Payment of the shopping basket by providing bank details
The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is the Customer's responsibility to check the accuracy of the order and to report or rectify any errors immediately.
The sale is only definitive after the Seller has sent the Customer confirmation of acceptance of the order by e-mail, which must be sent without delay, and after the Seller has collected the full price due.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the website www.kokunlab.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer may follow the progress of his order in the various emails sent by the Seller following the order placed on www.kokunlab.com.
5-2 . Modification of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5-3 Cancellation of the order
Orders may be cancelled by the Customer, except in the event of the exercise of the right of withdrawal or in cases of force majeure, before 11:59 a.m. for orders placed at 12:00 p.m. on D-1 and 11:59 a.m.
ARTICLE 6 - Prices
The Products are supplied at the prices in force on the website www.kokunlab.com, at the time the order is registered by the Seller. The prices are expressed in Euros including VAT.
The prices take into account any discounts granted by the Seller on the website www.kokunlab.com.
These prices are firm and non-revisable during their period of validity, as indicated on the www.kokunlab.com but the Seller reserves the right, outside this period of validity, to modify the prices at any time. These prices do not include shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website www.kokunlab.com and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
ARTICLE 7 - Terms of payment
The price is payable in full on the day the order is placed by the Customer, by means of secure payment by bank card (credit card, Visa, MasterCard).
Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding amounts.
Payments made by the Customer shall not be considered final until the Seller has actually collected the amounts due.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions on the www.kokunlab.com website.
ARTICLE 8 - Deliveries
The Products ordered by the Customer will be delivered in Metropolitan France including Corsica and in the following countries Monaco, Belgium, Luxembourg, the Netherlands, Germany, Spain, Italy, Sweden, Denmark, Finland, Austria, Greece, Ireland, Switzerland and Canada, the following overseas departments and territories: Guadeloupe, French Guiana, Martinique, Mayotte, New Caledonia, French Polynesia, Reunion, Saint Barthélemy, Saint Martin, Saint Pierre and Miquelon, Wallis and Futuna, French Southern and Antarctic Territories within 48 hours to 6 working days from the dispatch of the order (this corresponds to the dispatch time plus the processing and delivery time) - to the address indicated by the Customer when ordering on the website www.kokunlab.com.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Except in the case of special circumstances or the unavailability of one or more Products, the Products ordered will be delivered in a single shipment.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are given as an indication. If the ordered Products have not been delivered within a period of "10 days" after the indicative delivery date, for any other reason than force majeure or the fact of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or retention.
In the event of non-conformity of the delivered Product, the Seller undertakes to remedy this or to reimburse the Customer, as indicated in the article - "Responsibility of the Seller - Guarantee".
Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering and to which the carrier can easily gain access.
The Customer is required to check the condition of the products delivered. The Customer has a period of 48 hours from the date of delivery to send an e-mail to email@example.com with all reservations or claims for non-conformity or apparent defects of the Products delivered (for example, a damaged package that has already been opened, etc.), with all the relevant supporting documents (in particular, photographs). After this period and if these formalities have not been respected, the Products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in the present Terms and Conditions of Sale (see warranties, in particular).
ARTICLE 9 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Vendor's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 10 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify his reasons or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) to enable them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on the website www.kokunlab.com or any other unambiguous statement expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or e-mail address indicated in Article 4 of the TCS.
In the event of exercising the right of withdrawal within the aforementioned period, the costs of returning the goods shall be borne by the Seller.
The exchange (subject to availability) or refund will be made within a maximum of 30 days from the date of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
ARTICLE 11 - Seller's liability - Warranty
The PRODUCTS supplied by the Seller benefit from :
- the legal guarantee of conformity, for apparently defective, damaged or damaged products or products that do not correspond to the order, under the conditions of articles L. 217- 4 and following of the French Consumer Code;
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use, under the conditions provided for in Articles 1641 et seq. of the French Civil Code.
Provisions relating to legal guarantees :
Article L. 217-4 French Consumer Code
« Le vendeur est tenu de livrer un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts de conformité résultant de l’emballage, des instructions de montage ou de l’installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité. »
Article L. 217-5 French Consumer Code
« Le bien est conforme au contrat :
1° S’il est propre à l’usage habituellement attendu d’un bien semblable et, le cas échéant :
s’il correspond à la description donnée par le vendeur et possède les qualités que celui-ci a présentées à l’acheteur sous forme d’échantillon ou de modèle ;
s’il présente les qualités qu’un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l’étiquetage ;
2° Ou s’il présente les caractéristiques définies d’un commun accord par les parties ou est propre à tout usage spécial recherché par l’acheteur, porté à la connaissance du vendeur et que ce dernier a accepté. »
Article L217-12 French Consumer Code
« L’action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien. »
Article L. 217-16 French Consumer Code
« Lorsque l’acheteur demande au vendeur, pendant le cours de la garantie commerciale qui lui a été consentie lors de l’acquisition ou de la réparation d’un bien meuble, une remise en état couverte par la garantie, toute période d’immobilisation d’au moins sept jours vient s’ajouter à la durée de la garantie qui restait à courir.
Cette période court à compter de la demande d’intervention de l’acheteur ou de la mise à disposition pour réparation du bien en cause, si cette mise à disposition est postérieure à la demande d’intervention. »
Article 1641 French Civil Code
« Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel on la destine, ou qui diminuent tellement cet usage, que l’acheteur ne l’aurait pas acquise, ou n’en aurait donné qu’un moindre prix, s’il les avait connus. »
Article 1648 paragraph 1 Civil Code :
« L’action résultant des vices rédhibitoires doit être intentée par l’acquéreur dans un délai de deux ans à compter de la découverte du vice. »
In order to assert his rights, the Customer must inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products within a maximum of 48 hours of their receipt and return the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or repair the Products or parts under warranty that are judged to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
The refunds, replacements or repairs of the Products judged not in conformity or defective will be carried out as soon as possible and at the latest in the THIRTY (30) days following the observation by the Seller of the defect of conformity or the hidden defect.
The reimbursement will be made by crediting the Customer's bank account or by bank check sent to the Customer.
The provisions of this article do not prevent the Consumer from benefiting from his legal right of withdrawal.
The Seller shall not be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in the event of misuse, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the product, accident or force majeure.
- The photographs or graphics presented on the site are not contractual and shall not engage the responsibility of the Seller.
The Seller's guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 12 - Protection of personal data
The Customer is informed that the collection of his/her personal data is necessary for the sale of the Products by the Seller as well as for the transmission to third parties for the purpose of delivering the Products.
This personal data is only collected for the execution of the sales contract.
12.1 Collection of personal data
The personal data collected on the www.kokunlab.com website are the following
First name, last name, postal address, telephone number and email address.
In the context of the payment of the Product(s) offered for sale on the www.kokunlab.com website, the latter records financial data relating to the Customer's bank account or credit card.
12.2 Recipients of personal data
The personal data is reserved for the sole use of the Seller and its employees.
12.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, as of 25 May 2018, of Regulation 2016/679 on the protection of personal data.
12.4 Limitation of processing
Unless the Customer expressly agrees, his personal data will not be used for advertising or marketing purposes.
12.5 Data retention period
The Seller shall keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
12.6 Security et confidentiality
The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
12.7 Implementation of the rights of Clients and users
In application of the regulations applicable to personal data, Customers and users of the www.kokunlab.com website have the following rights:
- They can update or delete the data concerning them in the following way:
By logging into their account.
- They can delete their account by writing to the email address firstname.lastname@example.org
- They can exercise their right of access to their personal data by writing to email@example.com
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to firstname.lastname@example.org
- They may request the deletion of their personal data in accordance with applicable data protection laws by writing to email@example.com
- They may also request the portability of data held by the Seller to another provider
- Finally, they may object to the processing of their data by the Seller
These rights, provided they do not object to the purpose of the processing, may be exercised by sending a request by post or e-mail to the data controller whose contact details are given above.
The data controller must provide a response within a maximum of one month.
In the event of refusal to comply with the Customer's request, reasons must be given.
The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 Paris) or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 13 - Intellectual Property
The content of the www.kokunlab.com website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 14 - Unforeseeability
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
ARTICLE 15 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the French Civil Code.
ARTICLE 16 - Applicable law - Language
These Terms and Conditions of Sale and the operations arising from them are governed by French law.
They are translated into English here. Only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 17 - Dispute
All disputes to which the purchase and sale operations concluded in application of the present general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he/she may in any case have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. cons. art. L 612-1) or with the existing sectoral mediation bodies, the references of which are given on the website https://cm2c.net or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
The customer, noting that a violation of the general regulation on the protection of personal data would have been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the French data-processing law and freedom of 1978, in order to obtain against the person in charge of treatment or subcontractor, compensation in front of a civil or administrative jurisdiction or in front of the national commission of data processing and freedom.
ARTICLE 18 - Pre-contractual information - Customer acceptance
The fact that a natural person (or legal entity) places an order on the www.kokunlab.com website implies full acceptance of these Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, the right to invoke any contradictory document that may not be binding on the Seller.
Customer Withdrawal FormThe Customer may complete and return this form in order to withdraw from his/her order placed on the www.kokunlab.com website except for exclusions or limitations to the exercise of the right of withdrawal specified in the Terms and Conditions of Sale.
Received or withdrawn on: …………………………………………………..
Order number: ……………………………………………………………………..
Place of withdrawal: …………………………………………………………………..……………
Name of consumer(s): ………………………………………………………………..
Address of consumer(s): ………………………………………………………………..
Signature of consumer(s) (only in case of notification of this form on paper) :
Date : ………………………………………………………………..