General Terms and Conditions

Preamble

KOA KOA is a company which specialises in offering for sale and selling online creative and educational activities for kids. Koa Koa offers several types of services via its web site, koakoa.fr (hereinafter “the Web Site”).

These General Terms of Sale govern the activities of Koa Koa which are operated on the Web Site of koakoa.fr, to wit:

– Sending out, each month, a box containing hands on activities for kids that are both creative and educational.

These services are available on koakoa.fr (hereinafter “the Web Site”). Our Customer Support Team is available anytime by email at hello@koakoa.fr.

Anyone who has signed a subscription contract for the Box Sending for products in keeping with the terms that are set out below shall be known as a “Client”.

It is admitted that our creative activities sold in the form of a subscription shall be known as « The Box ».

These General Terms and Conditions are available on this Web Site in French and in English, and are accessible by Clients at the time of the registration of their subscription to the Box Sending Service and/or when they place an order with Koa Koa.

The Client may save these General Terms and Conditions and print them out.

They shall be governed by French law and by the prevailing French standards.

These General Terms of Sale determine the respective rights and obligations of Koa Koa and the Clients (hereinafter jointly “the Parties” and individually a “Party”) as part of the sale of the products and services to the Clients of the koakoa.fr Web Site.

Any order that is placed on the koakoa.fr Web Site implies acceptance of these General Terms and Conditions, which the Client acknowledges having become acquainted with, having understood and having accepted in full awareness of the circumstances.

Koa Koa shall be entitled to modify these General Terms of Sale at any moment in time, without notice, in keeping with the terms of article 27 below.

1 – Presentation and contact details of the Company

The koakoa.fr Web Site is published by Koa Koa, a French simplified single shareholder company with a capital of 5000 euros whose registered address is 47 rue Charles Nodier 93310 Le Pré Saint Gervais, France, and which is registered in Bobigny, France under no.  798 386 280 – EU VAT number: FR 29 798 386 280.

Clients may contact Koa Koa or the koakoa.fr Web Site by sending an e-mail to the following address: hello@koakoa.fr

2 – Legal capacity 

The Client declares that he is of age and has full capacity to enter into a binding contract.

3 – Geographical area

The products and services of the Box Sending Service are offered on the Web Site in 2 languages (French, English), for delivery solely in the following countries : Belgium, France, Germany, Italy, Luxemburg, Nederlands, Spain, United Kingdom. For logistical reasons, subscriptions to the Box Sending Service by Clients located outside these geographical areas shall not be taken into consideration.

4 – Availability and access to the service

The Services offered via the Web Site are normally accessible to Clients around the clock, 7 days a week and all year round, except in case of maintenance or voluntary or involuntary interruption, regardless of the cause. Koa Koa, which shall have an obligation to deploy the requisite resources in order to achieve the stated goals of its activity, hereby disclaims liability for any loss or damage whatsoever resulting from an unavailability of the Web Site.

5 – Orders

A Client can subscribe to one of the offers proposed by Koa Koa according to the current price.

The subscription service allows the Client to receive on a monthly basis, a box containing all the material and instructions to realize 2 (two) hands on activities that are creative and educative.

When a Client confirms his subscription to the Box Sending Service by clicking on “Confirm payment” (hereinafter “the Order”), he implicitly acknowledges being aware of the content and the terms of the order and of these General Terms of Sale and that he accepts them without any exception or reservation.

KOA KOA shall not be liable in case of an error committed by the Client in the course of inputting his e-mail address, or in case of non-receipt of the Order confirmation e-mail. Should this be the case, the sale shall be considered as having completed, save in case of cancellation of the order by KOA KOA, for instance due to unavailability of the products. The Client may nevertheless exercise his right to withdraw from the sale in keeping with the terms of article 15 of these General Terms of Sale.

In case of unvailability of one the products or for any other reason preventing Koa Koa from sending the boxes, Koa Koa shall be able to suspend the Box Sending Service during a certain period of time. In this case, the Client should be informed of this by Koa Koa as soon as possible by email or by postal mail, and the Client should not be debited of the amount of the box. In this event, Koa Koa may not be held responsible of any damage endured by the Client, nor should Koa Koa be held to any damages and interests. KOA KOA hereby disclaims liability for any stock outage or unavailability of the products.

6 – Terms governing subscriptions to the Box Sending Service

The Box Sending Service involves the sending, each calendar month, of a box containing material and instructions to realize 2 (two) hands on and educative activities (hereinafter the “Box”).

There are two ways to subscribe to the Box Sending Service:

– gift subscription (3 offers : « 3 months », « 6 months », « 12 months »), with one-off payment (7)

– subscription, with monthly payment (8)

The Box Sending Service offered by KOA KOA can only be subscribed to via the Web Site.

In order to enable KOA KOA to administer and manage the Box Sending Service efficiently, the Client must fill in a form setting out his personal data and/or the personal data of the third party to whom he shall have decided to offer a subscription to the Box Sending Service. The Client must check the accuracy and the compliance of the information provided to KOA KOA. The latter hereby disclaims liability for the consequences of any inaccurate data or errors in keying in data.

The contract between the Client and KOA KOA shall only be formed when the Client receives a payment confirmation e-mail sent by KOA KOA, bearing in mind however that in the case of a personal subscription with monthly payment (7), any failure by the Client to pay a single monthly instalment may lead to the rescission of the subscription due to the Client’s exclusive fault and at his sole expense.

In case of a payment default, the Box Sending Service shall be suspended automatically. KOA KOA shall inform the Client by e-mail and the latter shall have 1 month to rectify his position. The box concerned by this suspension shall not be sent out unless KOA KOA decides to do so as an exception, and the Client shall receive the one for the following month provided that the situation has been remedied, the subscription being then extended by one month.

Should the payment default not be remedied within one month, KOA KOA may, at its sole discretion, bring proceedings in order to secure full payment of the moneys that are due while suspending the delivery of the Box until the situation has been set right.

Upon expiry of this timescale of one month, if payment is still not forthcoming, KOA KOA may also, at its sole discretion, rescind the contract as of right 30 days after sending a summons to the Client to perform its obligations by registered post with acknowledgement of receipt which is not acted upon.

In all cases, the Client shall still owe KOA KOA the balance of the monthly instalments due for the chosen subscription period (excluding delivery costs), as penalties if the contract is rescinded as of right as set out above.

7 – Subscribing to the service, with a one-off payment

The Client may subscribe to the monthly Box Sending Service on behalf of a third party for a fixed period of time of three (3) months, six (6) months or twelve (12) months, (hereinafter the “Subscription Period”), without implicit renewal.

Payment for this subscription shall be made in just one go, upon subscription. There is no implicit renewal for these three (3) offers (period of time of three (3) months, six (6) months or twelve (12) months). Each subscription offer will begin with the first received box.

By choosing one of these offer, the Client is involved for the subscription period he choose at the time of ordering.

Clients who subscribe to the Box Sending Service for themselves or on behalf of a third party, by way of a one-off payment, cannot modify the duration of the Subscription Period, unless on the grounds raised in the article « Cancellation of subscription » (9) of these General Terms and Conditions.

8 – Subscription with monthly payment

Personal subscriptions with monthly payment are installed for a minimal period of one (1) month and are implicitly renewable. However, the Client may at any moment in time cancel the automatic renewal of his subscription from his “my account” space, at least after 1 month of subscription.

The Client will receive, until he puts an end to his subscription, a box containing two (2) creative and educational activities. By accepting this offer, the Client expressly authorises KOA KOA to debit a sum agreed upon placing the order from his account, monthly.

Thus, after the payment of the first monthly instalment on the date of the Order, the Client’s account shall be debited by the predefined sum of money automatically each month, throughout the Subscription Period.

The Client may terminate his subscription at any moment in time in keeping with the terms that are set out in the article concerning  unsubscribing in these General Terms of Sale (10).

9 – « 3 months », « 6 months », « 12 months » subscriptions – Unsuscribing

Clients who subscribe to the Box Sending Service for themselves or on behalf of a third party (7), by way of a one-off payment, cannot modify the duration of the Subscription Period. Clients who are away from the national territory, in a continuous manner for at least 3 months, during the subscription period, are entitled to ask Koa Koa to put a term to their subscription before its end.

The Client should notify Koa Koa of his intention to put an end to his subscription by sending  at :
Koa Koa
47 rue Charles Nodier
93310 Le Pré Saint Gervais
France

The Client should join a proof to establish that the cancellation terms and conditions of this article are fullfilled. This document should arrive to Koa Koa before the fifth (5) of the previous month of cancellation.

Any cancellation with a valid proof entitles the Client to a reimbursement from Koa Koa in a period of thirty (30) days following the notification date, of an amount in proportion with the status of the subscription. The calculation of the amount is done in the following manner : price of the paid subscription multiplied by the number of boxes Koa Koa still has to send, and divided by three (3) for the « 3 month » subscription, six (6) for the « 6 month » subscription, by twelve (12) for the « 12 month » subscription.

10 – Monthly subscription with implicit renewal – Unsubscribing

Personal subscriptions with monthly payment are implicitly renewable in keeping with the terms of article 8. However, the Client may at any moment in time cancel the automatic renewal of his subscription from his “my account” page on the website.

For this cancellation to be taken into account for the current month, the Client should have proceeded to this cancellation on his « my account » page before the 22cd of the current month. If the Client chooses to notify Koa Koa of his decision by registered letter with acknowledgment of receipt, Koa Koa must receive it before the 22cd of the current month to be able to take it into account.

The Client may also be unsubscribed from the Service by KOA KOA in accordance with the terms of article 13 concerning the deactivation of a Client account.

11 – Rates and payment for the products and services on sale on the Web Site

The rates for the monthly Box Sending Service shall be those that are shown on the Web Site www.koakoa.fr at the time of placing the order; they shall be quoted including tax, but excluding the delivery costs which shall depend on the Client’s geographical location and the delivery option that he chooses. These delivery costs shall be invoiced over and above the rates that are quoted for the Service and shall be disclosed to the Client upon confirmation of the Order.

– For the « 3 months », « 6 months », « 12 months » subscriptions : The invoice is available on the « My Account » page of the website. In the case of one-off payments, payment for the products and services may be made by bank card (Carte Bleue, Visa, Mastercard), American Express, Paypal, to the specific terms (monthly direct debit) that apply to personal subscriptions or subscriptions on, with a one-off payment as per sections (article 7).

– For monthly subscription : In the case of monthly payment, payment for the products and services must be made by bank card (Carte Bleue, Visa, Mastercard), by American Express or by Paypal, whether as a direct payment or direct debit, subject to the specific terms (monthly direct debit) that apply to personal subscriptions that are paid monthly as set out in (article 8) above.

KOA KOA shall be entitled to modify the rates charged for the products and services that are available on the koakoa.fr Web Site. The modifications shall only apply to future subscriptions to the Box Sending Service or future orders placed on the website; any Orders that are already paid for and any subscriptions that are under way shall not be affected by the changes in the rates. Any order that is placed on the koakoa.fr Web Site implies acceptance of these General Terms and Conditions, which the Client acknowledges having become acquainted with, having understood and having accepted in full awareness of the circumstances.

To be able to order, the Client should open an account by filling in a form on the website. The Client will receive immediately an order confirmation by email and with an attached copy of the present Terms and Conditions Sales.

Payments made by bank card via Paypal, the online payment partner of Koa Koa, shall be secured by a data encryption process so as to avoid interception of this information by a third party.

KOA KOA shall be entitled to limit these modes of payment depending on the geographical area in which the Client is based.

KOA KOA hereby disclaims liability for fraudulent use of the methods of payment used.

In accordance with current rules and regulations, the bank account details of the Clients shall not be retained by KOA KOA.

KOA KOA shall be entitled to suspend the delivery of an order in case of a failure to pay or in case of partial non-payment of any sum of money that is due by the Client, in case of a payment default, or in case of fraud or attempted fraud involving the use of the Web Site, including in the course of prior Orders.

12 – Rate and payment of the subscriptions

The prices of the products offered on the products and subscriptions available on the website shall be quoted in euros, including VAT at the rate that is applicable on the date of the Order. Delivery costs shall be included in the sale price for France but not for the outside territories. Shippping costs may vary regarding geographical zone, the Client will be informed of those fees when confirming the order.

13 – Delivery of the products

The Box Sending Service shall be available solely in the geographical area mentioned in the article entitled “geographical area”, i.e. only in Belgium, France, Germany, Italy, Luxemburg, Nederlands, Spain, United Kingdom.

The delivery timescales mentioned on the Web Site shall be indicative timescales, corresponding to the average timescales for processing and delivering Orders.

KOA KOA shall not be liable for the consequences of a delay in delivering the products.

14 – Delivery – Box Sending Service

The products will be delivered to the Client by a transportation company choosen by Koa Koa.

For every order made before the twenty fifth (25) of the month, the Client will be delivered with the box of the current month. For every order made after the twenty fifth (25) of the current month, the Client will be delivered of the box of the following month.

Koa Koa will do its best so that the boxes arrive before the fifteenth (15) of each month when shipped in France, but this deadline is not garantied for outside territories.

The boxes shall be delivered to Clients each month to the address provided in the “My Account” information form filled in by the Client upon registering for the Box Sending Service. It is up to the Client to notify any change of address at least fifteen days before the start of the month concerned by modifying his contact details on the “My Account” information form.

KOA KOA shall not be liable for late deliveries and for the consequences that might arise from same.

15 – Right of withdrawal and applicable timescale

In accordance with the applicable rules of France’s Code de la consommation [consumer laws] concerning mail-order sales, the Client shall have a timescale of seven (7) whole days to withdraw from the sale.

For the Box Sending Service, this timescale shall begin to run as of the confirmation of the order by KOA KOA. The Client’s notification of his decision to withdraw from the sale must be sent to KOA KOA by registered post with acknowledgement of receipt to the address mentioned in article 1 of these General Terms of Sale.

This timescale shall run as of receipt of the order. The product(s) must be returned in their original packaging. Any product which is incomplete, damaged, and/or whose packaging is damaged shall neither be taken back, nor exchanged, nor reimbursed.

Where applicable, KOA KOA shall refund a Client who shall have notified it in good time of its decision to exercise its right to withdraw within thirty (30) days following KOA KOA’s receipt of the notification of withdrawal. The Client’s account shall be credited by the sum of money that was debited for the order.

16 – Subscriptions to the newsletter

By accepting these General Terms of Sale upon taking out a subscription to one of the subscription formulas or upon placing an order on the Web Site, the Client authorises KOA KOA to send him e-mails to the address that he shall have provided upon subscribing or placing an order.

The Client may unsubscribe from the newsletter at any moment in time via the “My Account” space.

17 – Deactivation of the Client’s account

Should the Client fail to comply with his obligations under these General Terms and Conditions, should he fail to pay any moneys on time, should he provide incorrect information upon setting up his account or should he commit acts that might jeopardise the interests of KOA KOA, the latter may suspend the Client’s access to the Services on offer on the Web Site or, depending on the severity of the acts, it may rescind the subscription and the account of the Client, who shall be barred from claiming any compensation for this.

KOA KOA shall also be entitled to refuse to deal with a Client who has been excluded or punished for his behaviour, even if the latter attempts to open a new account.

18 – Evidence and signature

The Client shall be responsible for protecting the security of his online transactions, for instance by not disclosing his identifier and/or his password to anyone. KOA KOA hereby disclaims liability for any disclosure of information concerning the Client to any individual who subsequently uses his identifier and/or his password.

To that end, the use of the identifier and/or of the password of the Client shall constitute evidence of his identity, and of the enforceability of the moneys due upon confirmation and/or modification of the order. KOA KOA shall not under any circumstance be held liable for the fraudulent use of this information.

The provision of the Client’s bank card number and the confirmation of the Order shall serve as evidence of the acceptance of the said Order and shall make the moneys due in return for the products ordered enforceable.

The Client acknowledges the validity and the evidential value of the correspondence and electronic records retained by KOA KOA and accepts that these elements shall be deemed to have the same evidential value as a written document signed by hand by virtue of France’s law no. 2000-230 of 13 March 2000 concerning the adaptation of the laws of evidence to information technology and concerning electronic signatures.

19 – Compliance of the products and liability

The Client is informed that Koa Koa is entitled to modify the assortment of the products sold on its website, without prejudice for the Client. In certain cases, the nature of the activities is not known by the Client at the moment of his order. The Client acknowledge this matter of fact and accepts that it’s a caracteristic of Koa Koa’s service.

***It is specifically reiterated that Koa Koa’s activities are educational and creative, and that they are exclusively dedicated to kids starting from 5 years old, and that parental supervision and help is required.***

In accordance with France’s law no. 98-389 dated 19 May 1998 concerning liability for defective goods, the Client is hereby expressly informed that KOA KOA is not the manufacturer of the products on offer as part of the Box Sending Service. Thus, in case of damage or injury caused by a fault affecting the product, the Client shall have to invoke the liability of the manufacturer of the said product. The products that KOA KOA offers and sells shall bear their manufacturer’s warranty.

Should the Client bring a claim over a given product, he shall not inasmuch be relieved from his payment obligations.

The photographs of the products are merely indicative and do not have any contractual value; they shall not give rise to any liability on the part of KOA KOA.

20 – Force majeure

KOA KOA shall not be liable for failing to perform its contractual obligations wholly or partly due to an event constituting force majeure that is beyond its control.

21 – Intellectual property

All the elements that are reproduced on the koakoa.fr Web Site, such as, but not limited to the texts, comments, works, illustrations, images and trademarks, are protected by intellectual property laws. Any total or partial reproduction of the elements that are accessible on the Site shall be strictly prohibited.

22 – Data protection

The information and data provided by the Client in the questionnaire that he must fill in upon registration is necessary for the effective processing of his Order and may be transmitted to the companies which are involved in handling the Order, such as those in charge of providing the services, and their management, execution, delivery, processing and payment.

This information and data shall also be kept for security purposes, in order to comply with all statutory and regulatory obligations as well as in order to enable KOA KOA to enhance and personalise the services on offer and the information that is sent out.

In accordance with the prevailing and applicable law, the Client shall have a right to challenge, access and modify his personal data.

The Client may request the right to modify, complete, clarify or erase any of his personal data which is erroneous, has expired, is incomplete or whose gathering or use and disclosure are prohibited.

In order to avail himself of this right, the Client need only write in to the customer service of Koa Koa at hello@koakoa.fr or by mail at Koa Koa 47 rue Charles Nodier, 93310 Le Pré Saint Gervais, France.

23 – Liability

In its capacity, KOA KOA shall not be liable for any corporal damage and / or material and / or immaterial that would result from a misusing of the products included in the box, which are use Under the sole liability of the client.

The information used by the Client to identify himself on the Web Site, such as his identifier and password, is personal and confidential. This information can only be modified by the Client or by Koakoa.fr, such as when the Client forgets his password.

The Client shall bear full liability for the use of his identification elements, and must therefore keep them secret. Any disclosure on his part cannot under any circumstance be blamed on koakoa.fr.

Any order placed using the identifier and password of the Client shall be deemed to have been placed by the latter. koakoa.fr cannot under any circumstance be held liable for damage incurred pursuant to the disclosure of this confidential personal data by the Client and for the subsequent use of this data by a third party.

KOA KOA hereby disclaims liability for any damage, whatever the nature thereof, caused by the use of the services that are subscribed to / offered by koakoa.fr, such as damage to anyone’s reputation, image, or loss of data.

24 – Nullity

Should one or more provisions of these General Terms of Sale be declared invalid in accordance with a law or regulation or a court ruling that is final and cannot be appealed, the other provisions shall retain their full validity and scope.

25 – Continuity and transfer of the rights and obligations

Any contracts between the Client and KOA KOA and/or its successors and assignees shall be binding between the Parties.

In case of a total or partial transfer of the activity of KOA KOA, the contracts between the Client and  KOA KOA and/or its successors and assignees shall continue to be binding upon the Parties. The contracts signed by the Client with KOA KOA cannot be transferred or assigned by the Client without the prior written consent of KOA KOA.

Conversely however, KOA KOA shall be entitled to transfer or assign any contracts, rights and obligations at any moment in time without the Client’s prior consent.

26 – Advertising on the Web Site

KOA KOA shall be entitled to incorporate advertisements on its Web Site, and shall be completely free to choose the positioning of these advertisements, the advertisers and the appearance and content of the advertisements.

27 – Modifications of the General Terms of Sale

KOA KOA shall be entitled to modify these General Terms and Conditions at will.

Should a Client who is a subscriber object to the new General Terms and Conditions, the latter may rescind his subscription by means of a letter sent by registered post with acknowledgement of receipt prior to the start date of the new provisions in accordance with the terms of article 6.4 “Implicit Renewal – Unsubscribing” of these General Terms of Sale.

The rejection of the new General Terms of Sale must imperatively be made expressly; should the Client fail to express his opposition prior to the date on which the new provisions come into force, he shall be deemed to have accepted the modifications.

28 – Applicable law

These General Terms of Sale are governed by French law which shall be applicable regardless of the country of residence of the Client and of the place where the contract has been formed. The application of the Vienna Convention on contracts for the international sale of goods is expressly ruled out.

The Client acknowledges that the records of correspondence and other records held by the Web Site shall be considered by the Parties as evidence of the correspondence, orders, payments and transactions between the Parties save in the event of evidence to the contrary.

29 – Settlement of disputes clause

Any dispute in connection with the existence, the interpretation, the performance or the termination of the contract signed by the Parties shall fall under the exclusive jurisdiction of the French courts.