Terms of Sales
Between KAOSIX LLC,
Company identification number: 2019-000874376
Address: 30 N Gould St Ste R, Sheridan, WY 82801, United States
Telephone: +1 307 2486222
Email: contact@kaosix.com
The company can be contacted by email at contact@kaosix.com or by clicking on the contact form accessible via the website's homepage. Hereinafter referred to as the "Seller", the "Company", or "Kaosix" (hereinafter collectively referred to as "kaosix.com").
On the one hand, and the natural or legal person purchasing products or services from the company, hereinafter referred to as "the Buyer" or "the Client", on the other hand, the following has been stated and agreed upon:
By using kaosix.com and/or placing an order, you agree to comply with all the terms and conditions set forth in this document (the "Terms and Conditions"). Please ensure that you have read and understood the Terms and Conditions before placing your order.
The presentation of products or services on the kaosix.com website at any given time does not imply or guarantee that these products or services will be available at all times. We reserve the right to discontinue the sale of any product at any time.
We also reserve the right to modify these terms and conditions from time to time without prior notice. The version of the terms and conditions that will apply to your order will be the one displayed on the kaosix.com website at the time you place your order.
Sending an order for a product featured in the Kaosix electronic catalogue implies unreserved acceptance of these general terms and conditions of sale, which prevail over any clauses added by the Customer and govern the contractual relationship between the two parties.
Article 1: Purpose
These General Terms and Conditions of Sale (GTC) apply exclusively to the sale by the Seller of Products presented on the Website, which is freely accessible to all internet users. These GTC apply exclusively to Products delivered to consumers worldwide. These GTC, as well as all contractual information mentioned on the Website, are written in French. The GTC are available to consumers on the Seller's Website, where they can be directly consulted, and can also be provided upon request by email or postal mail.
Article 2: General Provisions
These General Terms and Conditions of Sale (GTC) govern the sales of Products or services made through the Company's website and form an integral part of the contract between the Buyer and the Seller. They are fully enforceable against the Buyer, who must accept them before placing an order.
The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable terms and conditions are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These terms and conditions are available on the Company's website at the following address: https://www.kaosix.com/pages/cgv.
The Company also ensures that their acceptance is clear and unconditional. The Customer declares having read all of these General Terms and Conditions of Sale, and where applicable, the Specific Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation.
The Client acknowledges that he has received the necessary advice and information to ensure that the offer is suitable for his needs.
The Client declares that they are legally able to contract under the laws of their country or are duly authorized to represent the natural or legal person for whom they are acting.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Price
The prices of products sold through the website are indicated in Euros inclusive of all taxes (VAT included). They are also indicated in Euros inclusive of all taxes on the product order page, excluding specific shipping costs. Any applicable delivery charges are shown to the User before order confirmation and are added to the order total at checkout. The Company reserves the right to change its prices at any time for future orders.
The Buyer may be subject to obligations, local taxes, or import duties, which may be payable when the package arrives at its destination, depending on the circumstances and the country. The Seller has no control over these charges. These duties and sums are not the responsibility of the Seller. They are the Buyer's responsibility (declarations, payment to the relevant authorities, etc.). Customs policies vary considerably from one country to another; therefore, the Seller advises the Buyer to inquire about these matters with the relevant local customs authorities in their country. Furthermore, when the Buyer places an order on the Seller's website, they are considered the official importer and must comply with all laws and regulations of the country in which they receive the products.
Article 4: Order
The Customer must follow a series of steps to conclude the contract electronically in order to place their order; Information on the essential characteristics of the Product; Selection of the Product, and where applicable, its options; Provision of the Customer's essential contact details (identification, email, address, etc.); Acceptance of these General Terms and Conditions of Sale;
Order verification and, if necessary, correction of errors. Before confirming the order, the Buyer has the opportunity to review the order details, the price, and correct any errors, or cancel the order. Order confirmation constitutes acceptance of this contract. The Buyer will then follow the payment instructions, pay for the products, and the order will be delivered. The Customer will receive email confirmation of payment, as well as an order acknowledgment confirming the order. During the ordering process, the Customer will have the opportunity to identify and correct any errors made in entering data. The language offered for concluding the contract is French.
The archiving of communications, orders, order details, and invoices is carried out on a reliable and durable medium to create a faithful and lasting copy. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address provided by the Customer. For the proper execution of the order, the Customer agrees to provide accurate identification details.
The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
If, for any reason, the Seller is unable to fulfill the order, they will notify the Buyer as soon as possible. If the Seller has already received payment for the order, they will immediately inform the Buyer and may offer a Product of equivalent quality and price or, failing that, a voucher for the amount of the order, valid for any future purchase. If the Buyer does not agree to this, the Seller will refund the order amount using the same payment method chosen by the Buyer. If, for any reason, alternative arrangements must be made, the Seller will contact the Customer to finalize the refund.
Article 5: Products and services
The essential characteristics of the goods and services, and their respective prices, are made available to the Buyer on the company's website, as well as, where applicable, instructions for using the product. The Customer is informed, by display or any other appropriate means, of the prices and specific terms of sale and service provision before any sales contract is concluded. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the price in effect on the day the order is placed, excluding shipping costs, which are charged separately. These potential costs are indicated to the Buyer during the sales process, and in any event, at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing that the price indicated at the time of the order will be applied.
The Seller undertakes to fulfill the Customer's order only within the limits of available product stocks.
The contractual information is presented in detail and in French. The parties agree that illustrations or photos of the products offered for sale are not contractually binding. Unless otherwise specified, the rights granted hereunder are granted solely to the individual who placed the order (or the individual whose email address was provided).
Article 6: Conformity and Warranty
All our products are covered by the legal guarantee of conformity and the guarantee against hidden defects. The Seller is obligated to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. In the event of a product's non-conformity, it may be returned, exchanged, or refunded. Refunds can be requested as follows: if the order is not as described (missing or damaged product, different item, etc.), the Customer must inform the Seller by email within two business days of delivery to contact@kaosix.com, describing the non-conformity in detail and indicating the order number. The Seller encourages the Buyer to take photos to support the claim. The Seller will then contact the Buyer directly to arrange a replacement or refund. If the product is non-conforming or damaged, the return shipping costs are borne by the Seller. For more information on returns and refunds, the Buyer is invited to consult the dedicated page:
https://www.kaosix.com/pages/livraison-remboursement-retour .
The Seller reminds the consumer that they have a period of 2 years from the delivery of the goods to take action against the Seller; that they can choose between replacement and repair of the goods subject to the conditions provided for by the aforementioned provisions, which are apparently defective or do not correspond; that they are exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods; that, except for second-hand goods, this period is extended to 24 months since March 18, 2016.
Article 7: Retention of Title Clause
The products remain the property of the Company until full payment of the price. Payment will only be considered complete upon actual receipt of the funds by the Seller.
Article 8: Delivery
Products purchased on the Site may be delivered worldwide. Delivery is defined as the transfer of physical possession or control of the product to the consumer. The average delivery time is 10 to 15 business days. This timeframe does not include order preparation time. The delivery time indicated on the Site is indicative. The Seller undertakes, in accordance with the delivery deadline indicated on the Site for each product, to deliver the Products as quickly as possible. When the Buyer orders several products at the same time, these may have different delivery times. In the case of a combined purchase of several Products, the delivery time applicable to the entire order corresponds to the longest delivery time indicated for one of these Products. Exceeding this delivery timeframe does not entitle the Buyer to cancel the order or to compensation. Each delivery is deemed to have been made upon the product being made available to the Customer by the carrier (an act evidenced by the carrier's own tracking system).
Products are delivered to the delivery address provided during the ordering process. Any error made by the Customer in the delivery address during the ordering process, or an incomplete address that results in the inability to deliver the package, will require the Customer to pay the shipping costs again if they wish to retrieve their products. It is the recipient's responsibility, if possible, to check the shipments upon arrival and to make any reservations or claims that appear justified, provided that the Buyer is present at the time of delivery.
The Seller provides an email address, indicated in the order confirmation email, to ensure order tracking. The Seller reminds the Customer that the risk of loss or damage to the products is transferred to the Customer upon physical delivery.
Article 9: Availability
Our products are offered while supplies last and as long as they are visible on the kaosix.com website. Our offers are valid subject to availability from our suppliers. If an item is unavailable for more than 5 business days, the Buyer will be immediately notified of the expected delivery time, and the order for that item may be canceled upon request. The Buyer may then request a full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The customer can pay by credit card or PayPal.
Payment cards must be international bank cards (Mastercard or Visa). Secure online payment by bank card is processed by our payment provider, Stripe. The information transmitted is encrypted using state-of-the-art technology and cannot be read during transmission over the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. Regarding PayPal, by providing their bank details during the sale, the Customer authorizes PayPal to debit the amount corresponding to the price indicated. The Customer confirms that they are the legal cardholder and are legally entitled to use it. In the event of an error or if the card cannot be debited, the sale is automatically terminated and the order canceled.
Article 11: Right of withdrawal
The Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order.
The right of withdrawal can be exercised by contacting the Company as follows: https://www.kaosix.com/pages/livraison-remboursement-retour . If the right of withdrawal is exercised within the aforementioned period, the price of the purchased product(s) and the shipping costs will be refunded, with the return shipping costs remaining the responsibility of the Customer. Returned products must be in their original condition and complete (packaging, accessories, instructions); they should, if possible, be accompanied by a copy of the proof of purchase. Details regarding the refund procedure are available on this page: https://www.kaosix.com/pages/livraison-remboursement-retour
In Switzerland: there is no cooling-off period under Swiss law. Return shipping costs are also the responsibility of the buyer.
Article 12: Disputes
The Seller shall not be held liable for any damages of any kind, whether material, immaterial, or physical, that may result from the malfunction or misuse of the products sold. In any event, the Seller's liability shall be limited to the amount of the order and shall not be invoked for simple errors or omissions that may have occurred despite all precautions taken in the presentation of the products.
In the event of difficulties in the application of this contract, before taking any legal action, the Client shall first contact the company to seek an amicable solution. It is reiterated that, as a general rule and subject to the courts' interpretation, compliance with the provisions of this contract relating to the contractual warranty requires that the Client fulfill their financial obligations to the seller and use the device in a normal manner.
In the event of a dispute, the Customer must first contact the Seller's customer service by email by sending an email to contact@kaosix.com, and mentioning the order number and the subject of the complaint.
Article 13: Complaints and Mediation
In the event of failure of the complaint request to customer service or in the absence of a response from this service within two months, the Customer is informed that he/she may resort to a consumer mediator under the conditions provided for by the consumer code.
The consumer may submit the dispute to a mediator who will attempt, independently, to bring the parties together to reach an amicable solution. The consumer can submit a mediation request via the European Commission's online dispute resolution platform at the following URL: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
In the absence of an amicable agreement, the Client or the Seller may bring the matter before the court for any dispute relating to the existence, interpretation, conclusion, performance or termination of the contract as well as on all documents relating to this contract.
Article 14: Termination of the contract
The order may be cancelled by the Buyer by registered letter with acknowledgment of receipt in the following cases:
— delivery of a product that does not conform to the specifications of the order;
— delivery exceeding the deadline set at the time of ordering or, if no date was set, within thirty days of payment;
— unjustified price increase or product modification.
The sales contract is formed when the consumer sends confirmation of their order. Communications, order forms, and invoices are archived on a reliable and durable medium to create a faithful and lasting copy. These communications, order forms, and invoices may be produced as proof of the contract. The order may be cancelled by the Seller if the Buyer refuses to take delivery or fails to pay the price (or the remaining balance) at the time of delivery.
Article 15: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts, or more generally, any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these Terms and Conditions. Any reproduction, in whole or in part, modification, or use of these assets for any reason whatsoever is strictly prohibited.
Article 16: Force majeure
The Seller's obligations under this Agreement shall be suspended in the event of a fortuitous event or force majeure that prevents their performance. The Seller shall notify the Client of such an event as soon as possible.
Article 17: Nullity and modification of the contract
If any provision of this contract is held to be invalid, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect between the parties. Any contractual modification shall be valid only after a written agreement signed by both parties.
Article 18: Protection of personal data
Regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data, the Seller implements a personal data processing system for the purpose of selling and delivering the products and services defined in this contract. The Buyer is informed of the following:
- the identity and contact details of the data controller and, where applicable, of the data controller's representative: the Seller, as indicated at the top of these Terms and Conditions;
- the legal basis for the processing: contractual performance
- the recipients or categories of recipients of the personal data, if any: the data controller, its marketing department, its IT security department, its sales, delivery and order department, subcontractors involved in delivery and sales operations, and any authority legally authorized to access the personal data in question.
- the data retention period: the duration of the commercial statute of limitations.
- the data subject has the right to request from the controller access to personal data, rectification or erasure of such data, or restriction of processing concerning the data subject, or the right to object to processing and the right to data portability.
- The person concerned has the right to lodge a complaint with a supervisory authority.
The information requested during the ordering process is necessary for invoicing (a legal requirement) and delivery of the ordered goods; otherwise, the order cannot be processed. No automated decision-making or profiling is implemented during the ordering process.