General terms and conditions of sale
The present general conditions of sale govern the activities of the company KOA KOA, operated by the website www.koakoa.fr, namely:
The sale of a subscription service to manual activities with a dual connotation, educational and creative. This service is sold in the form of a box sent on a monthly calendar basis to the Customer, which contains material and instructions for carrying out 2 activities on various topics in the field of arts and sciences.
These services are available on the website www.koakoa.fr (hereinafter "the site"). The customer service can be reached at any time by e-mail at the following address: firstname.lastname@example.org
It is agreed that by box, one hears a box.
It is agreed that persons who have entered into a subscription contract under the Box Sending Service under the conditions set out below shall be named " Customers " FILE.
The present General Terms and Conditions are available on this Site in the French and English languages and are accessible by the Customers at the time of registration of the subscription to a subscription as part of the Sending Service of Box.
The Customer has the option of saving and printing them.
The present General Conditions are subject to the French law and the French standards in force.
The present General Conditions of Sale determine the rights and obligations of Koa Koa and the Clients (together) The Parties " , individually " The Party ") As part of the sale of the service and products to the Customers of the Website www.koakoa.fr.
Any order placed on the site of www.koakoa.fr presupposes the acceptance of these General Conditions, which the Customer acknowledges having read, understood them and accepted in perfect knowledge of cause.
Koa Koa reserves the right to modify these Terms and Conditions at any time, without notice under the conditions set out in Article X below.
1-Presentation and contact details of the Corporation
The website www.koakoa.fr is published by Koa Koa SASU company with the capital of 5,000 euros whose head office is located 47 rue Charles Nodier, 93310 Le Pré Saint Gervais, registered in the register of trade and companies of Bobigny under number 798 386 280 and whose VAT number is EN FR 29 798386280.
Customers can contact Koa Koa Company or www.koakoa.fr, sending an e-mail to the following address: email@example.com
Clients report being major and fully capable of contracting.
Subscription products and services are offered via the Site, in two (2) languages (English, French), in the following states: Belgium, France, Germany, Italy, Luxembourg, the Netherlands and the United Kingdom. For logistical reasons, the Subscriptions under the Box Sending Service outside these geographical areas will not be taken into account and will not be refunded in the event of non-delivery.
4-Availability and Access to Service
The Services of the Site are normally available to Clients 24 hours a day, 7 days a week and all the year except in the case of maintenance, of voluntary interruption or not, regardless of the cause. In fact, subject to an obligation of means, Koa Koa cannot be held liable for any damage, whatever the nature, resulting from the unavailability of the Services of the Site. In case of difficulties accessing the service, Koa Koa offers assistance is available by email at firstname.lastname@example.org.
Availability of the box: it is agreed that the offers presented on the website by Koa Koa are available within the limit of available stocks. In case of unavailability of the box after executing his order, the Customer will be notified by email and will not be debited from the amount of his order. In this case, Koa Koa shall not be liable for any damage suffered by the Customer or for any damage.
The Customer may subscribe to one of the offers offered by Koa Koa according to the tariff in effect on the day of its order.
The subscription service allows you to receive, on a monthly basis, a box consisting of creative leisure equipment and instructions for carrying out 2 manual, creative and educational activities.
By validating and confirming its subscription, the customer acknowledges having read the present General Terms and Conditions of Sale and declares them to accept them without exceptions or reservations.
Koa Koa will then confirm this Order by sending an email to the Customer at the email address indicated by the Customer.
In the event of an error in the entry of the e-mail address concerned, or of the non-receipt of the electronic message of Confirmation of Order, the liability of Koa Koa shall not be incurred.
In this case the sale will be considered final, excluding the cancellation of the order by Koa Koa, in particular for the unavailability of the products. The Customer may nevertheless exercise his right of withdrawal under the conditions laid down in Article 15 of these General Conditions of Sale.
In case of shortage or for any other reason preventing the availability of the box, Koa Koa reserves the right to suspend the service of sending the box during a given period. In this case, Koa Koa will inform the Customer as soon as possible via e-mail or postal mail, and the latter will not be debited from the amount of the box. In this case, Koa Koa shall not be liable for any damage suffered by the Customer or for any damage.
The monthly subscription service consists of the monthly shipment of a box consisting of creative leisure equipment and instructions to carry out 2 manual activities with creative and educational vocation.
Subscription to this monthly shipping service can be done in two ways:
-Subscription for a finite duration (3 subscription durations: " 3 month subscription "," 6 month subscription "," 1 year subscription ") With payment in one time at the order (7)
-Monthly subscription " Without commitment " With a payment each month redirects in a tacit way until the Customer puts an end to it (8)
Subscription to the subscription offered by Koa Koa is carried out exclusively by the site.
To enable Koa Koa to administer and manage shipments, the Customer will have to fill out a form containing his personal data and/or those of the third party to whom he wishes to offer a subscription to the Sending Service of Box. The Customer shall ensure that the information provided to Koa Koa company is accurate and consistent. The latter shall not be held responsible for the consequences of any erroneous data or errors of seizure, in particular with regard to the delivery address.
The contract between the Customer and Koa Koa will be concluded only upon receipt by the Customer of a payment confirmation email sent by Koa Koa, being understood that in the case of a subscription with monthly payment (7), any payment incident attributable to the Customer in respect of a monthly payment may override the subscription to the exclusive torts of the Customer.
In the case of a payment failure, the box dispatch service will be automatically suspended. Koa Koa will inform the customer by email who will have 1 month to regularize his situation. The box concerned by this suspension will not be sent unless an exception and the customer will receive the one of the following month if the situation is regularised, the subscription being extended by one month.
If the incident is not regularised within one month, Koa Koa may, in its sole discretion, initiate a procedure in order to obtain the full payment of the sums due while suspending the delivery of the boxes until regularization.
At the expiration of this one-month period and if the payment is not regularised, Koa Koa may also, in its sole discretion, terminate the contract in full 30 days after sending to the Customer by registered letter with notice of receipt of a notice to execute without effect.
In all cases, the Customer will remain liable to Koa Koa of the balance of the monthly instalments due in respect of the subscription period, as a criminal clause if the contract is terminated in full right as set out above.
7. Monthly subscription for a fixed term (« 3 months», «6 months»Or«12 months»), with payment at once during the order
Subscription of a subscription subscribes the Customer or a third party chosen by the Customer to the monthly mailing of a Box for a fixed term of three (3) months, six (6) months or twelve (12) months (the " Subscription Period ")FILE.
The Customer makes the payment at once, at the order, for the total service offered for the specified duration. There is no tacit renewal for these three (3) offers ("Subscription 3 months", " Subscription 6 months "," Subscription 1 year). Each subscription form takes effect from the first box received.
By choosing one of these formulas, the Customer undertakes for the duration of the Subscription Period chosen at the time of its subscription. The Customer will not be able to unsubscribe before the end of the term, except for the reasons mentioned in the article " Unsubscribe " (9) of these general conditions of sale.
8. Subscription«Without commitment»With monthly drawdown
The subscription is established for a minimum period of one (1) month and is extended by tacit renewal each month. The Customer may terminate his subscription after a minimum period of one (1) month.
The Customer will receive until termination of its subscription, a box consisting of 2 creative and pedagogical activities. By acceding to this offer, the Customer undertakes to pay each month the amount indicated upon registration.
The Customer may terminate its subscription at any time in accordance with the terms provided for in the article relating to the unsubscription of these General Conditions of Sales (10).
9. Subscription Termination«3 months», «6 months», «12 months»With sampling at once
The Customer subscribing to a subscription formula for himself or for a third party (7), with payment at once, cannot change the duration of the Subscription Period. The Customer may nevertheless request the termination of his subscription if he is absent continuously from the Territory for more than 3 months, during the subscription period.
The Customer shall notify Koa Koa of his decision to terminate his subscription by means of a registered letter with acknowledgement of receipt at the following address:
47 rue Charles Nodier
93310 Le Pré Saint Gervais
It will also have to attach a supporting document to establish that the conditions of termination set out above are met. This mail will have to be sent to Koa Koa before the 5th of the month preceding the termination.
Any termination with valid proof shall give rise to the refund by Koa Koa within thirty (30) days from the date of the effective notification, of an amount in proportion to the progress of the subscription. The calculation of this pro-rata shall be carried out in the following manner: price of the subscription paid multiplied by the number of boxes remaining to be shipped by Koa Koa, and divided by three (3) for the subscription " 3 months ", six (6) for subscription" 6 months ", twelve (12) for subscription" 1 year."
10. Subscribing subscription, with monthly drawdown
The personal subscription with monthly payment shall be tacitly renewed under the conditions laid down in Article 8.
The Customer is free to end his monthly subscription " Without commitment " At any time. It can do it from its personal space." My Account " Dedicated to the website.
However, for this termination to be taken into account for the current month, the Customer must have registered this termination on his personal space " My Account " Before the 22nd of the current month. If the Customer chooses to notify Koa Koa of its cancellation by registered letter with acknowledgment of receipt, it is imperative that Koa Koa received it on 22 of the month in order to be able to take it into account.
The unsubscription may also result from the decision of Koa Koa Company in accordance with the terms set out in Article 17 relating to the deactivation of a customer account.
11. Rates and Payment Method
The rates corresponding to the different offers are specified in the subscription form. The rates in effect are available at any time on the www.koakoa.fr website. All prices shown on Le Site are subject to the French Value Added Tax, all taxes Comprises. Any change in VAT will be reflected in the tariffs.
-For subscription " 3 months "," 6months " And " 12 months " : the regulation will be carried out in one single time for the duration chosen, to the order. The transaction is immediately debited on the Customer's card, after verification of the data and receipt of the debit authorization of the credit card company used by the customer. A global invoice is available in the topic " My Account " Of the Site.
-For the monthly subscription saying " Without commitment ", the first month payment will be made to the order. Thereafter, the subscription is settled by monthly drawdown on the Customer's account of a monthly amount indicated upon registration, on the 15th of each month. An invoice for each month is available in the section " My Account " Of the Site.
For subscriptions known as "without commitment" Koa Koa reserves the right to modify its tariffs at any time. Changes are only valid for Subscriptions as part of the Box Send service, Orders already paid and current subscriptions will not be affected by the tariff changes.
To become a customer, you should open an account at Koa Koa by filling out the online form. The customer then receives by electronic means and without delay a confirmation of acceptance of the order to which is attached a dematerialized copy of the present CGV. Upon completion of the order, the Customer undertakes to respect the present general conditions of sale by application of Article 1316-1 of the Civil Code.
The method of payment will be made by credit card according to a secure procedure proposed by the ICC.
The payment of the price to be paid by the Customer is made by bank card only (Blue, Visa, Mastercard) in direct payment or debit, subject to the special conditions (monthly levy) which apply to the subscription to offer (Article 7) or to the subscription with monthly payment provided for in Article 8 above.
Koa Koa reserves the right to limit these payment methods according to the geographical area in which the Customer is established.
Koa Koa Company cannot be held liable in case of fraudulent use of the means of payment used.
In accordance with the regulations in force, the bank details of the Members are not kept by Koa Koa Company.
12. Rates and payment for the monthly box send service
The rates of the Monthly Sending Service of Box are those presented on the Site at the time of the Order, all taxes included. Delivery charges are included, however, additional delivery charges may apply depending on the geographical area of the Customer. These delivery charges will be invoiced in addition and will be specified to the Customer upon confirmation of order.
13. Product Delivery
The Box Sending Service only covers the geographical area determined by the Article " Geographical area ", i.e. only in the following states: Belgium, Germany, Spain, France, Italy, Luxembourg, the Netherlands and the United Kingdom.
The delivery times indicated on the site are indicative deadlines, corresponding to the average processing and delivery times recorded.
Koa Koa cannot be held responsible for the consequences of a delay in routing.
14. Delivery-Box Send Service
The products are delivered to the Customer through the carrier selected by Koa Koa company.
For any subscription subscribed before the twenty-five (25) of the month, the Customers will be delivered of the products of the current month. For any subscription subscribed after twenty five (25) of the month, the Customers will be delivered the products of the following month.
Koa Koa Company will make its best efforts to ensure that the deliveries within the framework of a subscription are received by customers before the fifteen (15) months of each month, as this period is not applicable to any deliveries outside of Metropolitan France.
The boxes will be delivered to the Customers each month at the address provided in the information form " My Account " Completed by the Customer upon registration. In case of change of address, it is for the Customer to notify him at least fifteen days before the beginning of the month concerned by modifying his contact details on the information form " My Account." Koa Koa Company will not be able to see its liability for delays in delivery and the possible consequences.
15. Rights and withdrawal periods
In accordance with the applicable texts in force of the code of consumption and in the context of distance selling, the Customer has a withdrawal period of seven (7) free days.
As part of the Sending Service of Box, this period begins to run from the confirmation of Order by Koa Koa. The notification of withdrawal shall be made by registered mail with acknowledgement of receipt addressed to Koa Koa company at the address mentioned in Article 1 of these General Conditions of Sale.
This period shall run from the date of receipt of the Order. The product or products must be returned in their original packaging and packaging. Any incomplete, abimated, damaged and/or packaging material will not be recovered, exchanged or refunded. Where appropriate, Koa Koa shall reimburse the Customer having notified within the time limit the exercise of his right of withdrawal within a period of up to thirty (30) days from receipt of the withdrawal notification. The Customer's account will be recedent of the sum debited.
16. Subscribe to the newsletter
By accepting the present General Terms of Sale when subscribing to one of the subscription forms or an order on the Site, the Customer authorizes Koa Koa to send him emails to the address that he will have provided during his subscription or order. Unsubscribe to the newsletter is possible at any time via the space " My account."
17. Disabling the Client account
The non-compliance by the Customer of the obligations entered into under these General Terms and Conditions, any incident of payment of the price of an order, any issuance of erroneous information to the creation of the account or acts liable to prejudice the interests of Koa Koa Company, may cause the suspension of access to the services offered on the Site or, depending on the seriousness of the acts, to terminate the subscription and the account of the Member without any damages being claimed.
The company also reserves the right to refuse to contract with a Customer who has been excluded or sanctioned for such acts, in particular in previous orders, even if the latter uses a new account.
18. Evidence and Signature
The Customer must maintain the security of his online transactions, for example by not communicating to anyone his ID and/or password. Koa Koa Company may not be responsible for the disclosure of the Customer's information to any individual who has used his or her identifier and/or password.
As such, the use of the Client ID and/or password will be worth proof of its identity, and due to the validation and/or modification of the Order, and the corresponding sums. Koa Koa cannot be held responsible for the fraudulent use of this information.
The supply of the credit card number and the confirmation of the Order will be worth proof of the acceptance of the said Order and will be worth the sums incurred by the seizure of the products on the Order.
The Customer acknowledges the validity and probative strength of the electronic exchanges and recordings held by Koa Koa Company and admits that these elements receive the same probative value as a handwritten signed written in accordance with Law No. 2000-230 of 13 March 2000 on the adaptation of the right of proof to information technology and relating to electronic signature.
19. Product Compliance and Accountability
The Customer is informed that Koa Koa Company may at any time modify the assortment of its products offered for sale on its website, without prejudice to the Orders placed by the Customer. In some cases, the activities are not known to the Customer at the time of his order. The Customer has full knowledge and acceptance of the characteristics of this service.
It is expressly recalled that the activities are dual educational and playful, they are aimed at children from 5 years of age, and that they require in all cases the supervision and assistance of an adult.
The Customer is expressly informed that Koa Koa Company is not the manufacturer of the products presented in Box Sending Services, within the meaning of Law L98-389 of 19 May 1998 concerning the liability of defective products.
Also, in the event of damage caused to a person or property by a defect in the product, only the responsibility of the manufacturer of the product may be sought by the Customer. The products that Koa Koa broadcast, follow the manufacturer's guarantee scheme.
The fact for the Customer to issue a claim does not remove it in any way from its payment obligations.
The photographs of the products have only an indicative role, they are not contractual in nature and cannot be held liable for the Koa Koa Company.
20. Force majeure
Koa Koa cannot be regarded as committing its responsibility for total or partial contractual failure which would have caused a force majeure event, independent of our will.
21. Intellectual Property
All the elements reproduced on the site www.koakoa.fr and in particular but not exclusively texts, commentaries, works, illustrations, images and trademarks are protected under intellectual property. Any total or partial reproduction of the material available on the Site, or of the Site, without the prior authorization of the owner of the Site, is strictly prohibited.
22. Information and freedoms
The information and data supplied by the Customer in the questionnaire at the time of registration are necessary for the proper processing of its order and may be transmitted to the companies which contribute to these relations, such as those responsible for the execution of the services and orders for their management, execution, delivery, processing and payment.
This information and data are also kept for security purposes, in order to comply with legal and regulatory obligations and to enable Koa Koa to improve and personalise the services offered and the information addressed.
In accordance with the applicable law in force, the Customer has the rights of opposition, rights of access and rights of rectification, and the deletion of personal data concerning him.
The Customer may require the modification, completion, clarification or deletion of the information relating to it which is erroneous, outdated or incomplete, or whose collection or use, communication is prohibited.
To do so, it is sufficient for the user to make the request online by sending an email to email@example.com or by mail to the following address: Koa Koa 47 rue Charles Nodier 93310 Le Pré Saint Gervais, indicating his name, first name and mailing address.
The KOA KOA Company can under no circumstances be held liable in the event of personal or/or material damage and/or immaterial which may result from the use of the products present in the box, which are used under the sole responsibility of the Customer.
The information enabling the Customer to identify, such as the username and the password, are personal and confidential. This information can only be modified on the initiative of the Customer or www.koakoa.fr, especially in case of forgetting the password.
The Customer is solely responsible for the use of his identification elements, he is obliged to keep them secret. Any disclosure on its part cannot in any case be reproached at www.koakoa.fr.
Any order made using the username and password of the Customer is deemed to have been placed by the Customer. Koa Koa shall not under any circumstances be held liable for the damage caused by the disclosure of such personal and confidential data by the Subscriber and thus the use of such data by a third party.
Koa Koa Company shall not in any event be liable for any liability for any damage of any kind, including the use of the services subscribed, damage to the reputation, image, or loss of data which may arise as a result of the use of the services offered by www.koakoa.fr.
24. Backup clause
If one or more of the provisions of these general conditions of sale were declared invalid pursuant to a law or regulation or a final court decision, the other stipulations would retain force and scope.
25. Continuity and transfer of rights and obligations
The contracts between the Customer and Koa Koa Company and/or its successors and assigns shall be binding on the parties. In the event of a total or partial assignment of the Koa Koa Company's business the contracts between the Customer and Koa Koa Company and/or successors and assigns retain the binding force between the parties. The contracts entered into by Koa Koa Company may not be transferred by the Customer without prior written consent.
The contracts, rights and obligations of Koa Koa Company may be transferred or transferred at any time without prior consent of the Customer.
26. Site advertising
At any time, KOA KOA can decide in full freedom to insert advertising on its Website, and has full freedom of choice as to the disposition of these ads, advertisers and the visualization of these advertisements.
27. Changes in the General Conditions of Sale
Koa Koa Company reserves the right to modify and update these Terms and Conditions without notice. In case of modification, it will be applied to each order the general conditions of sale in force on the day of the order. The Customer is invited to consult regularly the general conditions of sale of the site.
28. Nullity of a clause in the general conditions of sale
If one or more of the provisions of these general conditions of sale are to be held to be invalid pursuant to a law or cancelled, the other stipulations will retain all of their strength and scope.
29. Applicable law
The present General Conditions of Sale are subject to French law applicable irrespective of the country of residence of the Customer and the place of conclusion of the contract. The application of the Vienna Convention on the international sale of goods is expressly excluded. The Customer acknowledges that the communications and computerized records of the Site will be considered by the parties as evidence of the exchanges, orders, payments and transactions between the parties unless proof to the contrary.
30. Jurisdiction clause
Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between the Parties shall be the exclusive jurisdiction of the French courts.