GENERAL TERMS AND CONDITIONS
Section 1. Company contacts
KOSILUM SARL with capital of €10,000
36 ALLEE D'ATHENES
93320 LES PAVILLONS SOUS BOIS
Phone: ☎ : 020 3445 5089
Siren number: 792 118 390 S.C.R. Bobigny
Intra-Community VAT number: FR70443160007
Section 2. Application of general terms and conditions
The present general terms and conditions shall apply, without restriction nor reserves for all of the products offered for sale by Kosilight on its website www.kosilight.uk (hereinafter named the website).
The acquisition of a product through this site implies full and unreserved acceptance by the customer of these general conditions. They are accessible at any time on this website and the online version will prevail, and if necessary, on any other version.
The present general terms and conditions shall remain in force until the release of a new version that is why before any validation of order, the customer shall consult and accept the terms and conditions.
Kosilight.uk reserves the right to modify at any time these terms and conditions, being specified that the conditions applicable to the client will be those in force on the date of its order on the site Kosilight.uk.
Section 3. Intellectual property
The website kosilight.uk, its content and all elements constituting it, are creations for which Kosilight is the licensee of all the intellectual property rights and/or the using rights, in particular in respect of copyright, brands right, database right, and designs right.
The site, as well as software, databases, texts, information, analyses, images, photographs, graphics, logos, sounds, or any other data contained on the site remain the exclusive property of Kosilight.
It is licensed to the customer a right to use non-exclusive, non-transferable and in a private setting, the site and the data contained on the site. Any other use of the site, including commercial, on the part of the customer is prohibited and punished in respect of intellectual property without the consent of Kosilum SARL. In addition, the client agrees to prevent itself to introduce data that will, by any means whatsoever, modify or undermine the content or presentation of the website.
Section 4. Validity of supply
Our offers are intended only to consumers with a delivery address in France metropolitan, in Corsica, in Belgium, Netherlands, Germany, Italy, Spain, Austria, England, Switzerland or Luxembourg.
Visible items on the site are available until out of stock.
When debiting or cashed to an unavailable item, Kosilight.uk commits to offer a credit slip or a refund within a period of 10 days.
Kosilight.uk commits to notify by e-mail customer who would have placed an order on an unavailable item.
Section 5 Price
The prices on the site are expressed in pound and inclusive of VAT, excluding shipping costs. Kosilight reserves the right to modify these prices at any time.
For any delivery outside the territory of the European Union, customs duties and formalities are, unless otherwise stated, at the exclusive charge of the customer who commits to check the possibilities of imports of products in the country of delivery.
Section 6. Presentation of products
The products offered for sale are described and presented with the greatest possible accuracy.
However, if errors or omissions may occur with respect to this presentation, the responsibility of Kosilight.uk cannot be engaged.
Section 7. Responsibility
In the case of a defect product, you must return it within the period of warranty for latent defects. If a defect is found, Kosilight will return an exchanged product or, in case of unavailability, will reimburse the defective product for the price paid, and will send you a return slip to return the product. Kosilight cannot be held responsible for any consequential damages that may arise due to the purchase of the products. The products can be used only in accordance of their use.
Section 8. Terms of payment
Full price payment is due as soon as the order is made. The client commits to pay the price stipulated for the product ordered on Kosilight.uk (commodity and transport price).
Kosilight reserves the right to refuse to carry out a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
The customer can pay its order with:
Payment by Paypal:
PayPal allows you to make all your payments online quickly and safely using your Paypal account.
In no case we keep data on the credit cards of customers as a result of the payment.
You can also pay as a Guest on PayPal so you do not have to sign up.
Payment by bank transfer:
-Transfer: when you choose payment by bank transfer, bank details of Kosilight.uk are communicated to you on the order next page.
The transfer is the order of Kosilight: in the absence of transfer receipt within 10 days following the confirmation of the order or in the event of rejection of the transfer by the Bank, Kosilight.uk reserves the right to cancel the order. We will begin to prepare your order once your bank transfer received (it takes 4 business days, depending on the inter-bank deadlines).
Kosilight.uk does not accept company cheques.
Kosilight.uk controls orders that have been validated on its website. These controls are intended to protect Kosilight.uk of abusive practices operated by fraudsters.
Our services can be brought to ask all the necessary papers for the release of your order: proof of residence or debit in your name, or even proof of residence on behalf of the person specified on the address of delivery etc... These requests will be made by electronic mail:
-For an order that has a different billing address to a shipping address
-For new customers
-For an order over £150
Any attempt of fraud, all amount of purchase and regardless of origin, will be subject of criminal proceedings. Completeness of the collected data will then be transmitted to the prosecution for investigation.
Reminder of the terms of Section 313-1 of the Penal Code: "Fraudulent obtaining is the act of deceiving a natural or legal person by the use of a false name or a fictitious capacity, by the abuse of a genuine capacity, or by means of unlawful manoeuvres, thereby to lead such a person, to his prejudice or to the prejudice of a third party, to transfer funds, valuables or any property, to provide a service or to consent to an act incurring or discharging an obligation. Fraudulent obtaining is punished by five years' imprisonment and a fine of €375,000. »
Section 9. Delivery
Kosilight reserves the right to refuse any order from a buyer with whom a litigation exists.
Delivery occurs at the delivery address that you indicated within a maximum period of 30 days. The delivery is made by mail or carrier for large packages. If an express delivery service is offered, the cost is charged extra. In the event of unavailability of one or more products of your order, Kosilight will inform you as soon as possible and at the latest within 14 days by electronic mail. In this case, Kosilight will offer you the possibility to cancel the order and be refunded the price of the product within 14 days maximum, either to be delivered of a product of equivalent price, within the limit of stocks, or receive a voucher of equal value, for a validity of 1 year.
Upon delivery, the customer is required to check the packaging and merchandise and in the case of damaged package, within a period of 48 hours, a report of damage to the carrier by mail with P/R, as well as directly to Kosilight by e-mail must be made. The checking of the status and the number of packages for deliveries by specialized carriers is required: before you sign the slip, in case of doubt, note on it “parcel and goods received in poor condition" or “X package(s) missing”. This precaution will permit you, in case of, to benefit transport insurance that we agree. Never note "subject to unpacking", this has no value, it actually means that packages have been received in good condition.
If a package is returned by the concerned post service due to insufficient or inaccurate address, the client will have to bear the postage for the return of the package. In this case the deadlines for deliveries required by the present general conditions do not apply anymore. If a package is returned by the concerned post service due to insufficient or inaccurate address, and the client requests the reimbursement of the corresponding order, the amount to be reimbursed by "Kosilight" is calculated by subtracting the shipping costs of the total paid by the customer.
If delivery times are not respected, the consumer must initially contact the concerned carrier in order to verify that the ordered products are not in a layout instance. In the event of delay or difficulty to locate the ordered products, the consumer can contact Kosilight which will open an investigation to try to locate the package eventually lost by the carrier. The consumer must contact us and provide all relevant information enabling him to attempt to locate the products ordered through the carrier and including the order form. In such cases, Kosilight is dependent on the time limits imposed by carriers on the declaration of loss and reimbursement of sending. These time limits may vary depending on the carrier. No reimbursement of the consumer cannot take place until the carrier has declared lost, at the end of its investigation, the ordered products. As soon as a loss declaration is made by the carrier, Kosilight will proceed with the reimbursement of the consumer.
Kosilight reserves the right to proceed to the refund of the order and not to return it when the address has been wrongly indicated by the customer several times.
Section 10. Refund policy / right of withdrawal
In accordance with section L.121 - 20 of the consumer code, you have a withdrawal period of fourteen (14) days from the delivery of your order to cancel it without having to specify a reason. This right of withdrawal is exercised by writing to Kosilum SÀRL recalling the ordering number indicated in the confirmation. We recommend you to send us this withdrawal by registered with A.R. The sender is entirely responsible for transport risks, and he must therefore conduct all litigation about the safety of delivery, including ensuring its sending.
You can also cancel orders by sending an email addressed to firstname.lastname@example.org. In the event of withdrawal, you must return the products in perfect condition for resale or in their packing of origin, duly sealed at your expense all or part of your order to Kosilum SARL’s address within 14 days. We will refund your order within a maximum of 14 days. The product must not have been used, in perfect condition for resale, in their original packaging and or record of shock, or malfunction. They must be returned to Kosilight at the consumer expense and under its responsibility, it’s his charge to proceed to the insurance of transport. Consumable products are neither retaken, nor exchanged.
In case of withdrawal, if the package has already been shipped, the return shipping costs are the responsibility of the customer only. For information these expenses of return are from € 10 to € 200 for one depending on the product size and shape.
In the event of the refusal of the package at the time of delivery, we reserve the right to charge an additional fee for re-delivery and refund by vouchers the product price only.
Section 11. Insurance
Once packages delivered to the carrier, it becomes responsible for the package. In case of loss or other of your package, we will help you in your processes but are under no circumstances responsible for delays of delivery by the chosen carrier.
Section 12. Confidentiality
Kosilight undertakes to not disclose to third parties the information you provide to us, without your prior permission. These are confidential. They will be used by its internal services for the treatment of your order and to reinforce and personalize the communication and the offer produced, reserved for customers of Kosilight. This section shall prevent the sale or transfer of activities to a third party.
As a result, in accordance with the law and freedoms of January 6, 1978, you have a right of access, rectification and opposition to the personal data concerning you. For this just ask us by indicating your name, surname, address and if possible your customer reference, by e-mail at the following address: email@example.com
Section 13. Warranty
The products are guaranteed for a period of one year. In case of any defective product the consumer should make his return according to the conditions set out in Section 10 of the present general conditions. The consumer has 7 days to return the product, otherwise the concept of 'failure on first use' may not be retained. No return will be possible beyond the warranty period proposed by the manufacturer on the concerned products. The costs and risks related to the return of the defective product are charged to the consumer unless the return takes place within 7 days of the date of the order. The Kosilight society cannot embark on any processing time of the return of defective products insofar as customer service operations are performed by the manufacturer of the products concerned. The warranty for defective products is subject to the complete payment of their price by the consumer. Malfunctions caused by misuse of the product, or by an external cause (such as including a power surge) cannot give rise to warranty. The provisions of this Section cannot deprive the consumer of the legal warranty described in the Section L 211 - 1 of the consumer Code.
List of exclusions of warranties:
-damages caused by external causes (flooding, lightning, storm...)
-breakdowns, damages, malfunctions, or defects due to inadequate maintenance
-defects and their consequences related to improper use
-premature wear due to superior using recommending by the manufacturer or for professional purposes
-misapprehension of technical characteristics and description of the product
-other usage than the product original purpose stated by the manufacturer
Section 14. Responsibility
Kosilum liability in respect of the delivered products including under contractual or statutory guarantees applicable, is limited to the price of the defective or non-conforming products. Kosilum shall not be liable to compensation for consequential damages or any other financial loss suffered by the purchaser or a third party.
Section 15. Litigation
In case of dispute and regardless of the reason and if fails to find an amicable agreement, only the Parisian courts will be competent even when called in guarantee or plurality of defendants.
Section 16. Applicable law
All clauses in these general terms & conditions, and all operations of purchase and sale that are targeted, will be subject to French law.