Terms and conditions

 

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Article 1 - Scope

These General Terms and Conditions of Sale constitute the sole and exclusive framework of the contractual relationship between Kokoa Square and any person, natural or legal, having placed at least one order on the web page of our online store (person named, hereinafter, " customer ”,“ consumer ”,“ buyer ”,“ company ”- cf. 1.1).
These General Conditions of Sale are valid for all companies and therefore also for all future partnerships, even though these have not yet been expressly concluded.

They apply without restriction or reservation to all sales of products and services offered by Kokoa Square on the website or any other affiliate site.

 

Any order for products on the website implies acceptance of these General Conditions of Sale, which the customer acknowledges having read, understood and accepted with full knowledge of the facts. We hereby object to the application of any specific contractual regulation introduced by a consumer, except in the event that both parties have agreed otherwise.

 

The updated General Conditions of Sale are accessible at any time on the website and take precedence over any other version or any other contradictory document. They are subject to French law and the French standards in force. Kokoa Square reserves the right to modify these General Terms and Conditions of Sale at any time without notice. The modifications will then be applicable as soon as they are put online but cannot concern transactions concluded prior to the modification and confirmed by the customer.

 

In case of additional questions relating to the General Conditions of Sale, please send an e-mail to the following address: contact@kokoasquare.com .

 

1.1 - The consumer within the meaning of these General Conditions of Sale refers to any natural person who concludes a legal act outside his professional activity (commercial, industrial or independent).

The company within the meaning of these General Conditions of Sale means any natural or legal person, or any person legally authorized within the framework of the activities carried out by a partnership, to conclude a legal act within the framework of his professional activity (commercial, industrial or independent).

 

The client declares to be of legal age and fully capable of contracting. He must also ensure that his personal data in the "my account" section are accurate and complete. Kokoa Square cannot be held responsible for the inability to deliver the order if the customer's data contains an error or is incomplete.

 

Kokoa Square reserves the right to cancel an order if there is any doubt about the customer's good liver.

 

 

Article 2 - Product conformity

 

Kokoa Square offers, on the internet page of its online store, various products and services relating to the marketing of cocoa powder and accessories. The seller is likely to modify the assortment of products and services offered for sale on the website at any time, without prejudice to orders placed by the customer.

 

The characteristics of the products and services offered for sale are presented in the description of the product sheets. This information is that communicated to Kokoa Square by the suppliers of these products. Kokoa Square does not intervene in the creation of this information and cannot be held responsible for any consequences related to this information. The photographs do not enter into the contractual field.

 

The presence of allergens in our products is mentioned in the list of ingredients on the label and in the product description on the website.

Product offers and promotional offers, mentioned as such, are valid as long as they are visible on the website and available in stock. Despite the care taken to ensure the veracity of the information on the website, if a product turns out to be no longer available after your order, Kokoa Square will send you an informational email offering you a replacement product or a refund.

 

The products and services offered by Kokoa Square are accessible by the customer 24 hours a day, 7 days a week, with some exceptions (maintenance or force majeure). Kokoa Square cannot be held responsible for any damage caused by the unavailability of the website.

 

 

Article 3 - Price

 

The prices of the products indicated on the internet page of our online store are expressed in euros (€), VAT not applicable according to article 293 B of the CGI. The prices are exclusive of the cost of processing and shipping.

Shipping costs are invoiced in addition according to the amount of the order. They are indicated before the validation of the order by the customer. For more information, please refer to article 5 of these General Conditions of Sale.

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The products ordered on the website are at the price in force when the order is recorded. For customers based abroad, any customs fees are the responsibility of the customer.

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For the Kokoa Box subscription, the initial payment will be debited on the date of the order, then the amounts of the following Boxes will be automatically debited from his bank card.

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Kokoa Square reserves the right to modify its prices at any time but the products will be invoiced according to the prices displayed during the order.

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Article 4 - Terms of sale

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4.1 - Creation of an account: The creation of an account is a prerequisite for any purchase on the online store of the website. The customer can create an account on the home page by clicking on "My account" or when validating the shopping cart. A validation email will be sent to the customer when the account is created. The information entered by the customer when ordering is binding on the customer. In the event of an entry error (contact details, delivery address, e-mail address, etc.), Kokoa Square cannot be held responsible for any consequences.

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4.2 - The order: The order process and contact are generally made by e-mail, following an automated procedure. The customer is required to ensure that the e-mail address he provided during the ordering process is valid, so that e-mails sent to this address by the seller can be received. The customer must in particular ensure that said e-mails are not automatically filtered and classified as SPAM. By validating his order, the buyer confirms that he has read the General Conditions of Sale and accepts them without reservation or restriction. Before the conclusion of the sales contract, an order form detailing all the products chosen at the price including VAT (excluding the cost of delivery) will be displayed. The customer will then be able to modify and rectify any errors or to cancel his order. After validation of the order, the buyer will receive, by e-mail, the confirmation summarizing his order.

 

4.3 - Personalization of Kokoa: The following is valid for orders comprising a dose of cocoa powder on which the customer has requested the printing of a personalized recipe name. The customer is solely responsible for the content of the personalized name which he wishes to print. The text is not checked by Kokoa Square to correct grammar and / or spelling. The customer also undertakes not to use textual content that could infringe on current law or violate the rights of a third party. This particularly applies to content comprising legally sanctioned mentions of a slanderous nature, plagiarism and any other content prohibited according to the principles imposed by the penal code. The use of pornographic content, advocating or calling for violence or contrary to good morals is banned. The customer releases Kokoa Square from all possible complaints and all recourse that may result from non-compliance with the above-mentioned conditions.

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4.4 - Monthly box subscription: By subscribing to the Kokoa Box, the customer expects to receive 4 new Kokoas which will then be sold in the Online Store, as well as 4 recipe cards. The very principle of the Kokoa Box is based on receiving a surprise box. The website www.kokoasquare.com gives an overview of the type of products received. The subscription to the Kokoa Box means that the customer agrees to discover the composition of the Box only upon receipt. Therefore, the customer accepts the characteristics of the Kokoa Box and agrees to receive miniatures of Kokoas that may not correspond to his tastes. By subscribing to the monthly subscription, the customer agrees to pay the price of his subscription monthly. He thus authorizes Kokoa Square to withdraw, each month, his bank account from the amount of the subscription. This subscription, automatically renewed every month, is taken out for an indefinite period. However, the customer has the option of canceling his subscription at any time, by following the provisions of paragraph 4.6 .

 

4.4 - Payment: The products ordered are payable in cash on the day of the order. Payment can be made by credit card or via a Paypal account. The validation of the payment results in the registration of the order. The customer guarantees to Kokoa Square that he is fully authorized to use the means of payment for the payment of his order and that he legally gives access to sufficient funds to cover all the costs resulting from his order on the website. Kokoa Square cannot be held responsible for any fraudulent use of the means of payment used. Kokoa Square reserves the right to suspend or cancel any order and / or delivery, regardless of its nature and level of execution, in the event of non-payment of any sum that would be due by the customer in the event of an incident of payment on this order or any previous order. All payments will be processed by a data encryption procedure so that no information transmitted by the customer is intercepted by third parties. It is up to the customer to save and print his payment certificate if he wishes to keep the bank details related to his transaction. The contract between Kokoa Square and the customer will only be concluded upon sending the customer a payment confirmation email. The data recorded by Kokoa Square constitute proof of the nature, content and date of the order.

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4.5 - In the context of a purchase in the online store, orders are archived on our website and can be viewed and deleted when the customer logs into his account, which is password protected.

 

4.6 - Termination of the subscription: The customer can terminate his subscription at any time. However, all boxes paid for by the customer will be automatically sent to him and the subscription will not end until the last Box has been sent for which the customer has been debited. To unsubscribe, the customer must contact Customer Service: contact@kokoasquare.com. The customer will receive a confirmation email. The customer acknowledges being aware that each month started is due (for example, for any cancellation request on March 1, the customer will receive the monthly Box for the month of March and will be deducted from the amount of the subscription. termination will take effect on March 31).

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Article 5 - Terms of delivery

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Delivery consists of the delivery of the items purchased to the delivery address provided by the customer during the online purchase procedure. It takes place only after receipt of payment for the total amount of the order on the account (see 4.4 of these GTC).
The customer must ensure that his contact details are correct and complete. Failure to comply with the procedures outlined, no customer complaint will be accepted.

All orders finalized before 1 p.m. are dispatched the same day. The shipping time is given as an indication. It corresponds to the period necessary for the completion of the order and takes effect on the date of acceptance thereof. Exceeding the deadlines cannot give rise to any compensation or justify any return.

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Delivery costs are calculated automatically in the purchase summary and appear in the total payable. For any order delivered in metropolitan France, equal to or greater than 45 € of purchase, delivery is free.

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Only Kokoa Boxes benefit from the free delivery costs (offer available only in mainland France, Andorra and Monaco). Kokoas Boxes acquired by customers will be shipped between the 3rd and 6th of the month.

If the customer wishes to change the delivery address of a subscription, he must inform Customer Service: contact@kokoasquare.com.

Any request for a change of delivery address (for the Kokoa Box) must be made the month preceding said delivery (ie between the 1st and the 31st of the month). Any request for a change of address made after this period will not be taken into account until the following month.

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Delivery terms vary depending on the country of destination. These deadlines are understood in working days, excluding postal delivery problems. The prices and delivery times are indicative and vary according to the country and the zone of destination of the package. Kokoa Square cannot be held responsible for the consequences due to a delay in delivery attributable to the delivery provider. The customer either check the status of the order upon receipt. If it is damaged, the customer agrees to notify Kokoa Square within 24 hours by sending an e-mail containing photos of the packaging and content to contact@kokoasquare.com .

When a customer submits an order, he accepts the delivery terms within their terms and limits.

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Article 6 - Right of withdrawal

 

6.1 - As soon as one of the non-cumulative conditions set out below occurs after the conclusion of the contract, Kokoa Square is authorized to withdraw without delay from the contract concluded with the customer: in the event that Kokoa Square has not been correctly delivered or in the event that Kokoa Square has not been delivered on time.

This does not apply to deliveries which could not have been made due to culpable negligence on the part of Kokoa Square. The seller undertakes to keep the buyer regularly and quickly informed of any unavailability of the products and services offered. In case of unavailability, please refer to article 2 of these GTC.

 

6.2 - Pursuant to the provisions of Articles L. 121-21 et seq. Of the Consumer Code, the customer has a withdrawal period of 14 clear days from the day of receipt of the products. When the 14-day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day. The notification of withdrawal must be made by email via contact@kokoasquare.com .

 

6.3 - The right of withdrawal does not exist for contracts providing goods which are not prefabricated and for the production of which an individual selection or choice of the consumer is decisive or goods which are clearly designed for the personal needs of the consumer. The right of withdrawal expires prematurely for contracts for the supply of sealed goods, which, for reasons related to health or hygiene, do not allow their return if their packaging has been removed after delivery.

 

The goods must be returned in their original packaging. Any incomplete, open, damaged, damaged product and / or the packaging has been damaged will not be taken back, exchanged or reimbursed. The return of goods must be made, at the latest, within 14 days. The return costs, in the event of withdrawal, are entirely the responsibility of the customer.

 

 

Article 7 - Deactivation of the account

 

Kokoa Square reserves the right to suspend any customer account temporarily or permanently and without damages being claimed in the event of non-compliance with the General Conditions of Sale, default of payment or acts likely to cause prejudice. like Kokoa Square.

Kokoa Square may refuse any order from a customer with whom such a dispute exists, even if he opens another account.

 

 

Article 8 - Responsibilities

 

In accordance with the Consumer Code, the products and services provided by Kokoa Square benefit from the legal guarantee of conformity, that is to say that the product must comply with the expected use and the description made by Kokoa. Square, as well as the legal warranty against hidden defects which renders the product unfit for the use for which it was intended.

For any claim related to these guarantees, the customer must inform Kokoa Square within the legal deadline at contact@kokoasquare.com . Any guarantee is excluded in the event of misuse, negligence or lack of maintenance on the part of the customer.

If the responsibility of Kokoa Square is demonstrated, the damage suffered by the customer is limited to the amount of the order placed and paid by the customer.

 

Kokoa Square is not the manufacturer of the products sold on the website, but acting only on the packaging of the products, it can in no way be held responsible in the event of bodily injury, intangible and / or material damage that may result from the use of products.

 

Kokoa Square also declines all responsibility for direct and indirect damage caused by the use of the website. Customers are reminded that it is their responsibility to regularly update their browser and anti-virus software, as well as to maintain the confidentiality of their personal information by not sharing it with third parties.

 

Kokoa Square will not be considered responsible for any delay or non-performance due to the occurrence of a case of force majeure as recognized by French case law.

 

 

Article 9 - Protection of personal data

 

The provision of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices.

Kokoa Square undertakes not to divulge the information you provide to third parties. These remain completely confidential and are only used by our internal services to process your order.

Consequently and in accordance with the Data Protection Act of January 6, 1978, you have the right to access, rectify, and oppose personal data concerning you. To do this, simply send us a request online at contact@kokoasquare.com or by mail, indicating your name, first name, address to:

Kokoa Square - For the attention of M. LE MÉCHEC Kévin - Lieu-dit "Le château" - 42510 Saint-Georges-de-Baroille

 

 

Article 10 - Cookies

 

Kokoa Square reserves the right to place cookies on your computer when you visit the website. A cookie does not allow us to identify you but is intended to report your previous visit to the website in order to help us personalize the service offered to you.

 

 

Article 11 - Transfer of rights and obligations

 

Customer contracts, rights and obligations cannot be assigned or transferred without the prior written consent of Kokoa Square.

Kokoa Square's contracts, rights and obligations may be assigned or transferred at any time, without the customer's prior consent.

Kokoa Square retains ownership of the products sold until receipt of the full price of the order.

 

 

Article 12 - Applicable law and competent jurisdiction

 

This contract is taken out in French and is subject to French law. In the event of a legal dispute, only the French courts will be competent.

 

 

Article 13 - Intellectual property

 

All texts and images presented on the site www.kokoasquare.com are reserved, for the whole world, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited. Any unauthorized use will constitute an infringement which may lead to legal proceedings.

 

 

Article 14 - Customer service

 

Kokoa Square customer service is accessible by chat, form on the website in the "Contact us" section or by e-mail at contact@kokoasquare.com .

Any specific question or complaint (products received damaged or not received, etc.) must be addressed by these means. Kokoa Square undertakes to provide a first response within 48 hours maximum.

 

 

Article 15 - Specific cases

 

In the case of a sale of products to professionals (delicatessens, tea room, spa, shops, etc.), the prices of the products and the delivery will be different from the sale to individuals and fixed by estimate (VAT not applicable according to article 293B of the CGI).

 

Quotation requests and orders should be sent by e-mail to contact@kokoasquare.com .

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The professional must respect a minimum order of 10 sachets of 100g (all references) *.

 

Payment must be made by bank transfer when ordering (except government services). Any order will be valid for acceptance of the general conditions of sale.

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Payment by administrative mandate is accepted for all government departments. The validation of the order is obtained by a "Good for agreement" on the estimate.

 

The contract between Kokoa Square and the professional customer will only be concluded upon sending the customer a payment confirmation email.

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Delivery is free and takes place between 3 to 5 working days by post.

 

The data recorded by Kokoa Square constitute proof of the nature, content and date of the order.

 

All other General Conditions of Sale apply to this specific case.

 

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* Unless previously agreed with the sales department.