GTC
I. About Us
KOJO, is a SAS with a capital of 4.500€, whose head office is located at 52, Boulevard Edouard Branly 85000 La Roche-sur-Yon (France) and registered at the Registre du commerce et des sociétés de la Roche-sur-Yon, under the number 883 044 489 KOJO markets, to its Customers via its Internet site, the following products: games, toys, derived products and all products of child care.
II. Preamble
KOJO invites the Users to read carefully the present General Terms and Conditions of Sale and Use (hereafter the “GTC/UG”). Placing an Order implies acceptance of the GTC/GU. The characteristics of the Products are indicated on the Website. It is up to the Customer to take this into account before purchasing. The photographs or graphics presented on the Website are not contractual. The Customer acknowledges having read and accepted these terms and conditions by checking the appropriate box before placing the Order online. The GTC/GU frame the conditions under which KOJO sells its Products to its Professional and Consumer Customers via its Internet Site. They apply to all sales concluded by KOJO and are imposed on any contradictory document, in particular the general conditions of purchase of the Customer. They are systematically communicated to the Customer who requests them. In the event of any subsequent amendment to the GTC/GU, the Customer shall be subject to the version in force at the time of his Order.
III. Definitions
“Customer” refers to the Professional or the Consumer who places an Order for a Product sold on the Web Site;
“Order” means any order placed by the User registered on this Site;
“General Terms and Conditions of Sale and Use” or “GTC/UG” means these general terms and conditions of use and online sales;
“Consumer” means the buyer who is a natural person and who is not acting for professional purposes and/or outside of his professional activity;
“Products” means the physical things that can be appropriated and that are offered for sale on this Site;
“Professional” means the buyer, whether a legal entity or an individual, who is acting in the course of his professional activity;
“Site” means this website, i.e. https://www.playkojo.com;
“KOJO” means KOJO SAS, more fully described in Article I hereof; and
“User” means any legal or natural person who uses this Site;
IV. Registration
Registration to the Site is open to all legal entities or individuals of legal age and enjoying their full personality and legal capacity. The use of the Site is conditional on the registration of a User. Registration is free. To proceed with the registration, the User must fill in all the mandatory fields; otherwise the registration cannot be completed. The Users guarantee and declare on their honour that all the information communicated on the Site, in particular at the time of their registration, are exact and in conformity. They agree to update their personal information from the page dedicated to them and available in their account.
Every registered User has a login and a password. The latter are strictly personal and confidential and must not be communicated to third parties under penalty of deletion of the account of the offending registered User. Each registered User is personally responsible for maintaining the confidentiality of his or her login and password. KOJO will not be held responsible in any case for the usurpation of identity of a User. If a User suspects fraud at any time, he/she should contact KOJO as soon as possible, so that KOJO can take the necessary measures and regularize the situation. Each User, whether a legal entity or an individual, can only have one account on the Site. In case of non-compliance with the T&C/GU, in particular the creation of several accounts for one person or the provision of false information, KOJO reserves the right to proceed to the temporary or final deletion of all accounts created by the offending User. The deletion of the account entails the permanent loss of all benefits and services acquired on the Site. However, any Order made and invoiced by the Site prior to the deletion of the account will be executed under the normal conditions. In the event of deletion of an account by KOJO for failure to comply with the duties and obligations set forth in the T&C/GU, the offending User is expressly prohibited from re-registering on the Site directly, through another e-mail address or through an intermediary without the express authorization of KOJO.
V. Commands
Orders can only be placed once the User has registered on the Site. The User, when logged into his account, can add Products to his virtual cart. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and make his Order by pressing the “Order” button. He will have to fill in an address, a delivery method as well as a valid payment method in order to finalize the Order and to effectively form the sales contract between him and KOJO. The finalization of the Order implies the acceptance of the prices of the Products sold, as well as the terms and conditions and delivery times indicated on the Site. Once the Order is placed, the User will receive confirmation by e-mail. This confirmation will summarize the Order and relevant delivery information. The placing of an Order constitutes the conclusion of a distance selling contract between KOJO and the Customer.
VI. Products and prices
The Products which are the subject of the GTC/GU are those which appear on the Site and which are sold and dispatched directly by KOJO. The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale is carried out within the limit of the available stocks of KOJO. The latter cannot be held responsible for stock shortages or the impossibility of selling a Product that is not in stock. When a registered User wishes to acquire a Product sold by KOJO through the Site, the price indicated on the page of the Product corresponds to the price in euros, all taxes included (TTC), excluding shipping costs and taking into account the applicable discounts in force on the day of the Order. The price indicated does not include delivery charges, which will be detailed, if necessary, in the summary before placing the Order. If the total cost of the Products is not calculable in advance, KOJO will send the Customer a detailed quotation setting out the formula for calculating the price. Under no circumstances may a User demand the application of discounts that are no longer in effect on the day of the Order.
VII. Terms of payment
Unless otherwise agreed, all sales are paid for in cash at the time the Order is placed. Depending on the nature or the amount of the Order, KOJO remains free to require a deposit or the payment of the entire price at the time of the placing of the Order or at the time of the receipt of the invoice.
Payment can be made by :
– Credit card via the secure payment service Payplug
In case of total or partial non-payment of the Products at the date agreed upon on the invoice, the Professional Customer shall pay KOJO a late payment penalty the rate of which is equal to the rate charged by the European Central Bank for its refinancing operation increased by 10 percentage points. The financing transaction selected shall be the most recent on the date of the Service Order.
In addition to the late payment penalties, any sum, including the deposit, not paid on its due date by the Professional Customer will automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.
In case of total or partial non-payment of the Products at the date agreed on the invoice, the Consumer Customer will have to pay to KOJO a late penalty whose rate is equal to the legal interest rate. No compensation can be made by the Customer between penalties for delay in the supply of ordered Products and sums due by the Customer to KOJO for the purchase of Products offered on the Site. The penalty due by the Customer, Professional or Consumer, is calculated on the amount including all taxes of the remaining sum due, and runs from the due date of the price without any prior formal notice being necessary.
VIII. Delivery
The Products are delivered exclusively in the following geographical areas:
Metropolitan France
Corsica
European Union
Switzerland
KOJO undertakes to provide all material and human efforts to deliver the Products as soon as possible. These may vary depending on the Customer’s geographical area, the delivery method chosen or the Product ordered.
In the event of exceeding the delivery deadline of 10 days, except in case of force majeure, the Customer will be able to ask for the resolution of the contract by registered letter with request for acknowledgement of receipt, after having enjoined KOJO, according to the same methods, to carry out the delivery within a reasonable additional time, and if KOJO did not carry out. In this case, the Customer will be refunded within 30 days if a payment has already been made. In the event that the delivery would be impossible, because of an error on the address indicated by the Customer, KOJO will contact the Customer as soon as possible in order to obtain a new address of delivery and the possible additional expenses of delivery will be the responsibility of the Customer. Furthermore, KOJO cannot be held responsible for reasons related to exceeding delivery times:
in periods of high demand, such as the holiday season,
for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control,
for events attributable exclusively to the carrier in charge of the delivery.
The delivery is carried out, according to the choice of the Customer and according to the prices indicated on the Site:
to the address indicated by the Customer when placing the Order by regular mail.
at one of our partner locations as indicated on the Site. For the collection of the Products, a valid ID will be required. If this is not the case, the Products ordered cannot be delivered to the Customer.
X. Claim
For all orders placed through this web site, the client has the right to make a claim within 15 days of receiving the product. It is the responsibility of the Customer to verify the apparent condition of the Products upon delivery. In the absence of reservations expressly made at the time of delivery, the Products shall be deemed to be in conformity with the Order.
To exercise this right of complaint, the Customer must send to KOJO, at the address sav@playkojo.com, a statement in which he expresses his reserves and complaints, accompanied by the relevant supporting documents (receipt countersigned by the carrier, photographs…). A claim that does not comply with the conditions described above cannot be accepted. KOJO will promptly repair, replace or refund the Product or its components at its own expense, subject to the physical ability to repair the Product or its availability in stock.
XI. Consumer’s right of withdrawal
The Consumer has a right of withdrawal of 14 days from the placing of the Order, except for the products mentioned in article L.121-21-8 of the Consumer Code. To exercise this right of withdrawal, the Consumer sends a statement to the address: sav@playkojo.com.
The Products must be returned in their original packaging and in perfect condition within 15 days from the notification of the withdrawal to KOJO by the Consumer. The direct costs of the return are to be borne by the Consumer.
He will be reimbursed for the totality of the fees paid for the placing of the Order within 14 days following the acknowledgement by KOJO of his declaration of withdrawal. Refunds will be made by the same payment method used at the time of purchase.
XII. Transfer of risk and ownership
KOJO keeps a property right on the sold Products until the complete payment of the price by the Customer. It may therefore repossess said Products in the event of non-payment. In this case, the advance payments made will remain with KOJO as compensation. For the Professional Customers, the transfer of the risks to the Customer takes place as of the handing-over of the goods to the carrier by KOJO. For Consumer Customers, the transfer of risk occurs upon delivery or upon collection of the goods from the store when the Customer has chosen in-store delivery.
XIII. Legal guarantees
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.211-4 of the French Consumer Code: “The seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.”
Article L.211-5 of the Consumer Code: “To be in conformity with the contract, the goods must :
(1) Be fit for the purpose ordinarily expected of similar property and, where applicable :
correspond to the description given by the seller and have the qualities that he presented to the buyer in the form of a sample or model;
have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.”
Article 1641 of the Civil Code: “The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price, if he had known of them.”
Any Product resold that has been altered, modified or processed is not covered by the warranty.
This is limited to the replacement or reimbursement of non-conforming Products or Products affected by a defect. It is excluded in case of misuse or abnormal use of the Product as well as in case the Product does not comply with the legislation of the country in which it is delivered. The Customer shall inform KOJO of the existence of defects within two years. KOJO will rectify Products found to be defective to the extent possible. If the responsibility of KOJO is retained, the guarantee is limited to the amount paid by the Consumer for the supply of the Products. Replacement of the Products does not extend the warranty period.
XIV. Changes
KOJO reserves the right to modify the Site, the T&Cs/GU and any delivery procedure or any other component of the services provided by KOJO through this Site. When an Order is placed, the User is subject to the provisions set forth in the T&Cs/Guidelines in effect at the time the Order is placed.
XV. Information Technology and Civil Liberties
In accordance with the French law of January 6, 1978, the personal data requested from the Customer is strictly necessary for the processing of his/her Order. They may be communicated to partners in charge of fulfilling Orders. The User may therefore receive information or commercial offers from KOJO or its partners. This data processing has been declared to the CNIL.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all his personal data by writing, by mail and proving his identity, to the following address: contact@playkojo.com.
The User may at any time object to the receipt of commercial offers by writing to the address indicated above or by clicking on the link provided for this purpose in the e-mails received. To allow its Users to benefit from an optimal navigation on the Site and a better operation of the various interfaces and applications, KOJO is likely to implant a cookie on the User’s computer. This cookie allows to store information related to the navigation on the Site, as well as to the possible data entered by the Users (in particular research, login, email, password).
The User expressly authorizes KOJO to deposit on the hard disk of the User a file called “cookie”. The User has the possibility to block, modify the duration of conservation, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the User’s browser prevents him/her from using certain services or features of the Site, this malfunctioning shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.
XVI. Responsibility
KOJO cannot in any case be held responsible for the unavailability, whether it is temporary or permanent of the Internet Site and although it implements all its means in order to ensure permanently the service, it is possible that this one is interrupted at any time. Moreover, KOJO reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any operation of update, improvement or maintenance. As previously stated herein, KOJO shall not be liable for any delay in delivery due to causes beyond its control, beyond its control, unforeseeable and irresistible or for which it cannot be held responsible.
XVII. Intellectual Property
The KOJO brand, the KOJO illustrations and are trademarks registered with the UEIPO; and are copyrighted works of authorship, the ownership of which is held exclusively by KOJO. Any diffusion, exploitation, representation, reproduction, whether it is partial or integral, without the express authorization of KOJO will expose the offender to civil and penal proceedings.
XVIII. Jurisdiction clause
The law governing the GTC/GU is French law. Any dispute which can occur between KOJO and a User at the time of the execution of the present will be the subject of an attempt at amicable resolution. Failing this, disputes will be brought to the attention of the competent courts under common law.
XIV. Acceptance of the T&Cs/GU
The Customer or User expressly accepts the GTC/GU.
The Customer declares to have knowledge of them and renounces to prevail himself of any other document, in particular his own general conditions of purchase.
The Consumer acknowledges having been informed of the information and details provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular:
the essential characteristics of the Product
the price of the Products
the date or time by which KOJO undertakes to provide the Service
information relating to the identity of KOJO (postal, telephone, electronic coordinates); – information relating to the legal and contractual guarantees and their methods of implementation
the possibility of resorting to conventional mediation in the event of a dispute
information on the right of withdrawal (time limit, methods of exercise).
For more information or questions, do not hesitate to contact us by e-mail at the following address: contact@playkojo.com or by mail using the details below:
KOJO
52, Boulevard Edouard Branly
85000 La Roche-sur-Yon
France
