1. Scope of these terms ans conditions
These general conditions of sale are intended, first, to inform any potential consumer on the terms and conditions under which the seller makes the sale and delivery of products ordered, and secondly, to define rights and obligations of the parties in connection with the sale of products by the seller to the consumer. They apply, without limitation or qualification, to all sales by the SARL Kozoom Store, and all products offered on its website "store.kozoom.com".
Consequently, for any person to order a product offered for sale on the website of the company Kozoom Store carries full acceptance of these terms and conditions which the buyer acknowledges before his order. Any demand to these terms and conditions that the buyer would have made will be rejected, unless Kozoom Store has expressly acknowledged its validity in writing.
The products are offered for sale on the Internet and for the following geographic territories: France, all countries and territories worldwide.
The buyer, prior to his order, declares that he has full legal capacity, allowing him to engage under these terms and conditions.
The Company Store Kozoom reserves the right to modify at any time the present general conditions of sale, as long as these modifications appear on its website.
2. Company information
3. Access to the website and customer service
The buyer is personally responsible for acquiring the computer technology and telecommunications to access the site store.kozoom.com and its customer service. The purchaser shall continue to pay the cost of telecommunications required by the Internet access necessary to use the website.
4. Customer Service
For any questions or information, our customer service is available from Monday to Friday, from 9am to 12:30pm, and from 2pm to 5:30pm, Paris time.
Phone: 09 72 33 21 36
On the Internet at https://store.kozoom.com
You can also order by phone at +33(0)972 332 136 (local call price in metropolitan France, including Corsica) Monday to Friday, from 9am to 12:30pm, and from 2pm to 5:30pm, Paris time.
Kozoom Store reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order. The buyer's order must be confirmed by Kozoom Store, by mail or electronically.
The sale will not be considered final until the purchaser has received a confirmation than the order is valid from Kozoom Store and the full price has been received.
6. Product Selection
The buyer is aware of products and their characteristics, sold by Kozoom.com, has under his sole responsibility and according to his needs, turned his choice on the product subject to his order. In addition, only the buyer knows the hardware, software and other configurations he owns and is the sole judge of the compatibility of the products ordered with the ones he will use them with.
It is the responsibility of the buyer, if he does not feel sufficiently competent to make the proper choice, to seek counseling.
7. Product Compliance
If a delivered product does not correspond to the product ordered, the buyer must send a claim by mail with return proof of receipt requested, within 30 days from the invoice date. Kozoom Store will exchange the products that do not correspond to the order of the buyer. In this case, Kozoom Store kindly asks that the buyer write a detailed request in writing and to send the product(s) back, after written approval by Kozoom Store.
Kozoom Store will exchange the product(s). The shipping costs will be reimbursed on the basis of the rate charged and the cost of return will be refunded as well.
In any event the Buyer benefits from the legal warranty, including those relating to warranty against hidden defects. After this period of thirty days, the products will be deemed to comply with the order and accepted by the buyer.
8. Product Availability
Pursuant to Article L 111-1 of the French Consumer Code, the purchaser may, prior to ordering, read on the site store.kozoom.com, the essential characteristics of the product he wishs to order.
The buyer selects one or several products among the different categories available on the website store.kozoom.com: books, videos, equipment.
Special offers submitted by store.kozoom.com are valid while stocks last. For products not stocked in its warehouses, the offers made by kozoom Store are subject to availability from its suppliers.
Kozoom Store reserves the right to alter the mix of products offered based on constraints related to its suppliers. If a supplier makes a change to one of his products, the graphic representation of this product does not engage the responsibility of the seller nor affects the validity of the sale. The photographs, graphics and descriptions of products offered for sale are only indicative and not binding on the seller.
In case of unavailability of the product ordered Kozoom Store will notify the buyer at soon as possible.
In accordance with the provisions of Article L121.20.3 of the Consumer Code, Kozoom Store in this case may provide a product of equivalent quality and price.
If Kozoom Store fails to use this option, the buyer will be refunded without delay and no later than within 45 days of the payment of sums paid.
Prices of products on store.kozoom.com are listed in Euros, VAT included, but excluding costs of processing and shipping.
Regarding the price of books, they are established in strict compliance with the Lang Law 81-766 of August, 10th 1981. In this context, store.kozoom.com can offer its customers the best price allowed by the Act, a rebate of up to 5% of the price of the book. This discount is automatically indicated on the product description.
When ordering from a country other than France, the buyer is the importer of the goods concerned. For all products shipped outside the European Union and overseas territories, the price will be automatically calculated without tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These taxes and dues are not the responsibility of Kozoom Store. They will be at the expense of the buyer and are his sole responsibility, both in terms of declaration and payments, in front of authorities and / or agencies of the exporting country. The buyer must inquire about these aspects with his local authorities before placing any order at store.kozoom.com.
Kozoom.com reserves the right to change prices at any time. However, the products will be billed based on rates in effect at the time of the order entry, subject to availability.
The buyer declares to have read and accepted these Terms and Conditions before placing the order. The validation of the order is acceptance of these Terms and Conditions.
From the moment the buyer has registered his order by clicking on the "checkout", he is deemed to have accepted knowingly and without any reserves, these Terms and Conditions, prices, volumes and quantities products offered for sale and ordered.
Unless proved otherwise, the data recorded by store.kozoom.com constitute proof of all transactions by store.kozoom.com and its customers.
Payment in full is due immediately on the date of the order. At no time, the payments can be considered as a deposit.
The receipt of the full amount of the order will be made by Kozoom Store at the time of confirmation of the order, unless otherwise specified on the special page of the article.
To pay for his order, the buyer has the following means of payment available to him: credit card (Mastercard, Visa, American Express), Paypal, bank check from a french bank only, and bank transfer for all countries.
The buyer guarantees that Kozoom Store has the required permission to use the payment method he chose, when validating the order.
Kozoom Store reserves the right to suspend or cancel any order and / or delivery, regardless of their nature and stage of execution, in case of non-payment by the buyer, or an case of payment incident.
Penalties in an amount equal to the statutory interest rate plus five points are automatically applicable to amounts outstanding at the end of a period of ten days after the invoice date or upon notification of rejection of payment. The delivery of any new order may be suspended in case of delayed payment of a previous order.
Kozoom Store reserves the right to request a photocopy of the identity of the buyer for paying by credit card, Paypal or check.
As part of the fight against Internet fraud, the information relating to any order may be passed to any third party for verification.
The site Ogone, Kozoom Store's payment partner, has a highly secure payment system: it has adopted the SSL encryption process, and the whole process of encryption has been strengthened to protect all sensitive data related to means of payment. No credit card number is stored on the server store.kozoom.com.
13. Ownership of products
The products remain the full property of Kozoom Store until full payment has been received for products, fees and taxes.
Additionally, the transfer of risks to the buyer happens at the time where the products leave Kozoom Store's or the supplier's premises, in accordance with article 14.
14. Shipping and receiving
Unless otherwise specified, delivery is made to the address specified by the buyer when ordering. The risks will be transferred to the buyer from the time where the goods ordered have left Kozoom Store's or its suppliers' premises. Delivery times are indicative only, unless Kozoom Store exceptionally committed to a specific date of delivery. If the buyer chooses to pay by check, the order will be processed once we receive it and it has cleared.
In case of partial availability of the products ordered, Kozoom Store may need to split the order into multiple shipments. In this case, the available items will be sent initially, and the remaining products will be sent when available.
In the event where an order has several items available from different suppliers, their will be more packages. kozoom Store's customer service will ensure the smooth delivery of the order.
Kozoom Store offers its customers to be delivered by the postal service (Colissimo - La Poste) or by carrier with appointments for heavier items. Large items that are over 30 kg will be delivered by freight with an appointment, at the convenience of the customer
Failure to comply with the procedures outlined below will result in the rejection of any claims by the Purchaser
Features of the Colissimo service from LA POSTE (french post office):
The buyer is delivered to his home by his mailman. In case of absence, the buyer or recipient of the item receives a notice of passage, allowing him to withdraw the products ordered at the nearest post office, for a period of fifteen days.
The buyer is responsible for checking the condition of the package and its contents while in the presence of the post officer or the carrier of the heavy items.
In the event that the buyer would have any doubt whatsoever on good condition of the contents of his package, he must apply the procedure Colissimo (including reporting the damage, claims and reserves) and to refuse the merchandise, immediately issuing a statement of fault with the employee of the Post Office. The buyer must also report such incidents to store.kozoom.com.
Features of the delivery by carrier upon appointment:
The carrier will contact the customer and set an appointment with him. The buyer is required to check the status of the delivery of parcels and the number of packages delivered. In case of doubt he is required to refuse the package and report these incidents to store.kozoom.com.
The average lead-times for shipment leaving from Kozoom or its suppliers are the following:
These lead-times are provided for information and may vary.
Any delay cannot lead to damages, withholding or cancellation of the order by the buyer.
In case of late delivery from the date initially set, the buyer must notify Kozoom Store in writing (mail, fax, email) to improve the quality of service which can be offered to him and allow Kozoom Store conduct an investigation with the carrier.
An investigation at the carrier's can take up to 21 days. If during this period, the product is found, it will immediately be re-routed to the delivery point designated in the order.
However, if the package is not recovered after this period of 21 days of investigation, Kozoom Store will proceed at its own expense to a new shipment of products ordered by the buyer.
In the event that the ordered product is then no longer available, article 8 will be applied. If a new product is shipping, the shipping costs will be at the customer's expense.
15. Hidden defect warranty and liability
In the event that the products delivered by store.kozoom.com have hidden defects, Kozoom Store may, at its discretion, remove the defect or replace the defective product with another one. If Kozoom Store does not rectify the defect or replace the defective product, or if Kozoom Store is unable to do so, or if Kozoom Store cannot do so on time due to factors beyond his control, the purchaser may request the reimbursement of the price and the cost of return, or request a reduction in selling price.
The products offered are conform to the French legislation in force. Kozoom Store declines any liability in the event that the product delivered does not comply with the legislation of the country of delivery (censorship, banning of the author or a book).
Similarly, store.kozoom.com cannot be held liable for the content of the sites to which hyperlinks may be pointing.
Kozoom Store is committed to provide the best customer services. However, liability may not be retained in case of breach of contractual obligations due to unforeseeable circumstances or force majeure such as natural disasters, strikes, fires, floods, failure or breakdown of equipment, transportation, communication or for the actions of the buyer.
In addition, Kozoom Store will not be held responsible in case of delay due to stock shortages in the editor or the supplier nor for any error in the presentation of products on its site, photographs, texts and illustrations representing the products are not contractual.
16. Right of withdrawal - Satisfied or refunded
According to Article L121-20 of the French Consumer Code, the buyer shall have seven clear days from the date of receipt to return products ordered at his expense for reimbursement.
The products must be returned to Kozoom Store or its suppliers in a perfect condition for resale (packaging, accessories, manuals ...), duly sealed and along with the invoice of purchase.
In particular, products such as books, VHS, DVD, CD-ROMs, software should still be in their original packaging for the buyer to exercise the right of withdrawal.
Similarly, if the product has a warranty sheet or other document to be completed, it should not be filled out for the buyer to exercise his right of withdrawal.
No incomplete or damaged product, or if the original packaging has been damaged, will be refunded or exchanged.
The right of withdrawal will result in the purchaser's choice: either a store credit, or a cash refund by re-crediting the credit card entered during the initial order or, if impossible, by check, under the conditions set out in paragraph 17 below.
In addition to the statutory right of withdrawal, Kozoom Store offers eight extra days than the statutory withdrawal period for an exchange if you are not satisfied. In this case, the customer is responsible for the costs of shipping the product back to Kozoom Store, except if the product received is not the correct one. The satisfaction or exchange within 30 days guarantee does not apply to publishing products such as books, DVDs and Divx Downloads. Products must be returned to Kozoom Store in perfect condition for resale. Any product damaged or altered after the purchase cannot be exchanged or refunded.
17. Terms of repayment
Unless special conditions as mentioned in the above paragraph 17 apply, any reimbursement at the expense of Kozoom Store will be made as store credit that can be redeemed on store.kozoom.com.
In every case, Kozoom Store will communicate this store credit by email, including the following information: - its duration
If the purchase voucher does not include other instructions, the customer will be able to ask for a refund by simply calling or emailing customer service.
This refund will be made by re-crediting the credit card entered during the initial order or, if impossible, by check.
In case of partial use of the voucher, the balance will remain available to the client under the same conditions as the original assets. A voucher will be deemed used if partially used, in case of a refund claim.
By the very act of using this coupon, the consumer agrees not to make any objection or opposition to his bank, and commits not to do so for a duration of one year following the use of the voucher.
The consumer acknowledges that he is aware that any breach of this obligation would expose him to surrender the amount overpaid, without prejudice to the damages that may be claimed by Kozoom Store.
18. Intellectual property
All texts, commentaries, books, illustrations and images reproduced on the site store.kozoom.com are protected under copyright and intellectual property law worldwide. For this reason and in accordance with the Code of Intellectual Property, only private use of the store.kozoom.com site is allowed, and subject to restrictive rule of the code of intellectual property. Reproduction in whole or in part of the store.kozoom.com site is strictly prohibited.
Some products such as DVDs are subject to the personal use laws, that specifically regulate copies, public distribution, and rentals. You must respect the general conditions of sale of these products and store.kozoom.com can not be held responsible for any use made of the products outside of these conditions of use
19. Partial invalidity
If one or more provisions of these terms and conditions are held to be invalid or declared as such under any law, regulation or following a final decision of a competent jurisdiction, the remaining provisions will keep their full force and validity.
20. Applicable law and Jurisdiction
This contract is subject to French law.
21. Computer and Freedoms (Informatique et libertés french law)
The information collected by store.kozoom.com during any order of the buyer is necessary for the processing of the order by Kozoom Store and its trading partners. Under the Data Protection Act 78-17 of January, 6 1978, the buyer has a right of access, rectification, opposition and deletion of his data at store.kozoom.com.
Through store.kozoom.com, the buyer may receive commercial offers or be informed about offersfrom Kozoom Group and Kozoom Multimedia. If the buyer does not wish to receive these proposals, he may inform store.kozoom.com by mail at SARL Kozoom Store., 10 avenue des frères Montgolfier, 33510, Andernos-Les-Bains, France, or by email at firstname.lastname@example.org.