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T&Cs of Sale

Updated 24/06/2019

 

1. Preamble

 

These terms and conditions of sale (hereinafter “T&Cs of Sale”) apply to all contracts agreed between:

 

Koosh, an SAS registered with the Trade and Companies Register of Paris under number 845 302 587, having its registered office at 32 rue Médéric, 75017 Paris, France and represented by Andrea Isak, Chief Executive Officer, who can be contacted at the following electronic address: hello@koosh.co or by telephone on +33 (0)1 88 61 81 40,

 

Hereinafter referred to as “Koosh”,

 

And its non-professional buyers and consumers (hereinafter “Customer” or “Customers”) wishing to enter into a subscription (hereinafter “Subscription”) on the website www.koosh.co (hereinafter the “Site”) or to purchase the products (hereinafter the “Products”) offered for sale on the Site,

 

Referred to individually as the “Party” or collectively as the “Parties”.

 

Koosh is a company that offers regular deliveries of baby products, in particular nappies, to its Customers. The Customer can receive periodic and flexible deliveries of these Products by entering into one of the Subscriptions offered on the Site.

 

2. Aim of these T&Cs of Sale

 

These T&Cs of Sale set out the conditions under which the Customer orders the Products presented on the Site from Koosh. They constitute, along with the Order and the Site Terms of Use, all of the contractual documents enforceable against the Customer and Koosh, and are to the exclusion of any other document, prospectus, catalogue or photograph provided for information and illustrative purposes.

 

The Customer is deemed to be a consumer within the meaning of the French Consumer Code.

 

3. Subscription and Order

 

3.1. User Account

 

To order Products on the Site, the Customer must first have created a user account (hereinafter the “User Account”).

 

To create this User Account, the Customer provides information regarding their identity and contact details. Koosh collects this information to enable it to proceed through the various steps in the sale of the Products.

 

The Customer undertakes to update this information on their User Account. The Customer guarantees the exactness, reliability and accuracy of the personal information and contact details given in their User Account.

 

Koosh will not be held liable for any failure on the part of the Customer to exercise care when creating their User Account and updating their personal data, in particular regarding keeping their Order delivery address up to date.

 

3.2 Subscription

 

In order to receive their Products, the Customer must take out one of the Subscriptions offered on the Site.

 

The Subscription consists of the acceptance of a regular delivery of Products at a frequency chosen by the Customer of between three (3) and six (6) weeks.

 

The Customer can customise their Subscription, including the following settings:

 

  • the size of the nappies and the number of packs of each size of nappy if the Customer wishes to receive several different sizes in the Order;
  • the additional products that the Customer wishes to receive subject to the maximum quantity per Order as indicated on the Site;
  • the frequency of deliveries: the estimated date of the first delivery and the frequency of subsequent deliveries.

 

Upon taking out a Subscription, the Customer agrees to the conditions of the Subscription and of future Orders via a double-click process. This process allows the Customer to check the contents of their Order and to correct any errors (information regarding their identity, their contact details, the Products chosen or the quantity of Products chosen) before confirming their order.

 

By confirming their Order, the Customer expressly accepts the T&Cs of Sale. Following this confirmation, Koosh sends the Customer an email confirming the Subscription to the address given when taking out the Subscription.

 

As each new Order approaches, Koosh sends out a summary email to the Customer, asking them to confirm the upcoming Order and to make any modifications to it if necessary.

 

Any modifications to the Order will be made using the double-click process described above and must take place at the latest five (5) days before the estimated delivery date for the Order. These modifications will apply to all future orders until further modifications are made.

 

The Subscription is taken out for an indefinite period.

 

4. Products

 

4.1. Product description

 

A dedicated page for each Product states the essential characteristics of the Products available on the site.

 

Each Product is illustrated by a photograph, which does not constitute a contractual document.

 

4.2. Product compliance

 

The Products are compliant with the requirements of legislation governing the health and safety of persons, fair trading and consumer protection in force at the time they are placed on the market.

 

4.3. Product availability

 

Products are delivered to the Customer subject to available stocks.

 

Prior to placing an Order, the Customer will be informed where necessary of the unavailability of a Product directly via the Product page.

 

If the Customer has already ordered the Product and it is unavailable, Koosh will immediately inform the Customer and offer them a Product of equivalent quality and price. If the Parties cannot reach an agreement, Koosh will refund the Customer’s Order.

 

The refund will be issued by bank transfer only, using the same payment method that was used by the Customer during the initial transaction. If the Customer expressly wishes to be refunded to a different bank account from that used during the initial transaction, the Customer shall request this from Koosh by email via hello@koosh.co and provide valid bank details.

 

5. Pricing conditions

 

5.1. Product prices

 

The price of the Subscriptions is indicated on the site and stated in the summary of the Customer’s order before it is confirmed.

 

This price is given in euros inclusive of all taxes. Delivery is free.

 

The Order total is determined by Koosh based on the Product, the number of items and the nature of the Product.

 

5.2 Changes to Product prices

 

The prices of the Products are fixed and cannot be revised during the Subscription period.

 

However, outside the Subscription period, Koosh reserves the right to amend Product prices at any time and without notice. These changes will affect future Subscriptions and not the current Subscription.

 

5.3 Payment terms

 

Payment is made via the means offered on the Site. Koosh reserves the right to offer and/or to limit the choice of payment methods available to the Customer on the Site.

 

In particular, Koosh offers the Customer the ability to pay the total for their Subscription by direct debit. To this end, after confirming their first Order, the Customer expressly consents to the direct debiting of the amount of their Subscription from the bank account whose details they have given. This consent is given for the duration of the Subscription.

 

Koosh reserves the right to suspend any Order in the event that officially accredited bodies refuse to authorise payment or in the event of non-payment.

 

Payments made on the Site are secured via a data encryption process and are made in accordance with current regulations. In no case will Koosh be held liable for any fraudulent use that may be made of the payment methods used.

 

The Customer shall ensure the validity of their payment method.

 

5.4 Non-payment

 

In the event of non-payment of the sums due by the Customer, Koosh reserves the right to cancel the Customer’s Subscription and to have recourse to any legal proceedings to seek compensation for the damages incurred by Koosh as a result of this non-payment.

 

6. Referrals

 

Koosh may on its Site or by email offer the Customer one or more referral and loyalty programmes at various times and under various terms. These programmes are optional and the Customer is not obliged to participate in any way.

 

The discounts given to the Customer as part of the referral and loyalty programme as well as information regarding participation in these programmes are made available to the Customer in detail on the Site.

 

In the case of a referral programme, the discounts given to the referrer will automatically be deducted from the total amount of their next Order. The discount given to the referee will automatically be deducted from the total amount of their first Order. If the discount amount exceeds the total amount of the Order, the discount will automatically be applied to the next Order until the full value of the discount has been applied.

 

If the Customer cancels their Subscription or exercises their right of cancellation, all available credit notes, discounts and other advantages linked to the referral and loyalty programmes immediately lose their validity and value on the date of cancellation.

 

The Customer can send their individual promotional code to a friend or post it to their private website, private blog, Facebook account, Twitter profile or Instagram account. However, posting this code on commercial media sites or other providers, in particular promotional code sites, ‘dealblogs’ and/or forums is strictly prohibited. Where necessary, Koosh may deactivate the promotional code and cancel the credit notes, discounts or advantages improperly received by the Customer.

 

7. Delivery

 

The Products on the Site can be delivered to mainland France, Belgium, and Luxembourg. Outside of these areas, the Customer is asked to contact Koosh for specific delivery terms.

 

The delivery time is given as a guide and is stated on the Order summary and when the Customer confirms the Order.

 

However, the delivery time cannot be more than thirty (30) days from the Customer’s confirmation of the Order and the delivery cannot take place on Saturdays, Sundays or bank holidays.

 

As part of a Subscription, the delivery of the first Order of the Subscription takes place on the estimated date given by the Customer in the Order. The delivery of subsequent Orders depends on the delivery frequency selected by the Customer in their Subscription.

 

It is the responsibility of the Customer to keep their delivery details up to date in their User Account. The Customer can change the delivery address up to five (5) days before the estimated delivery date for their Order.

 

Deliveries are made via an independent carrier to be chosen exclusively by Koosh.

 

Risk transfer does not take place until the Customer physically takes possession of the Order and is able to verify its general condition.

 

In the event of a lasting impediment to delivery, including in the event of force majeure or stock shortage of a Product, Koosh reserves the right to terminate the Subscription with the Customer. The Customer will be informed of such termination immediately. Koosh will then refund any payments received for those Orders not honoured by Koosh.

 

The Customer can view the status of their Order at any time via their customer area on the Site.

 

The Customer shall check the condition of the delivered Order.

 

8. Right of cancellation

 

The Customer has a period of fourteen (14) days from delivery of their first Order to exercise their right of cancellation in accordance with the legal provisions in force.

 

To exercise their right of cancellation, the Customer shall inform Koosh of their intention by submitting the cancellation form attached to these T&Cs of Sale by post to the following address: Koosh, 32 rue Médéric, 75017 Paris, France, or, preferably, by email to hello@koosh.co before the expiry of the cancellation period.

 

The Customer shall return the Products immediately and at the latest within 14 days of having informed Koosh of their decision to cancel. To do so, the Customer shall return the Products to the following address:

 

EASY-LOG / Koosh

Zone Isoparc

37250 Sorigny

France

 

Koosh will refund to the Customer the payments received as part of their Order, including delivery costs, within fourteen (14) days from the day on which Koosh was informed of the Customer’s cancellation. However, costs incurred by returning the Products shall be borne exclusively by the Customer.

 

Koosh reserves the right to refuse a refund until the Products have been received. The refund will be issued by bank transfer only, using the same payment method that was used by the Customer during the initial transaction. If the Customer expressly wishes to be refunded to a different bank account from that used during the initial transaction, the Customer shall request this from Koosh by email via hello@koosh.co and must provide valid bank details. This request shall be submitted on the day of cancellation.

 

9. Warranty

 

The products sold by Koosh on the Site are protected by the legal provisions of warranty against hidden defects (articles 1641 et seq. of the French Civil Code) and the legal warranty of conformity (articles L217-4 to L217-13 of the French Consumer Code) whose articles are reproduced below:

 

Article L217-4 of the Consumer Code

The seller must deliver goods that are compliant with the contract and is responsible for any non-conformities that exist at the time of delivery. The seller is also responsible for conformity defects resulting from the packaging, assembly instructions or the installation when these have been made the seller’s responsibility under the terms of the contract or were carried out under its responsibility.

 

Article L217-5 of the Consumer Code

An item is compliant with the contract if is fit for the customary use of such a product and, where appropriate:

- if it corresponds to the description given by the seller and has the qualities presented by the seller to the buyer in the form of a sample or model;

- if it has the qualities that a buyer might legitimately expect in view of public statements made by the seller, by the manufacturer or by their representative, in particular in advertising or labelling.

 

Article L217-12 of the Consumer Code

Action resulting from the lack of conformity lapses after two years from the delivery of the goods.

 

Article L217-16 of the Consumer Code

Where the buyer asks the seller, during the course of the commercial warranty granted to them at the time of the acquisition or repair of a movable good, to conduct a repair under warranty, any period of immobilisation of at least seven days is added to the remaining warranty period. This period shall run from the buyer’s request for support or from the making available for repair of the goods in question, if this availability is subsequent to the request for support.

 

Article 1641 of the Civil Code

The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.

 

Article 1648, paragraph 1, of the Civil Code

An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.

 

It should be noted that the legal warranty does not apply when the damage is due to the action of the Customer, to an insurmountable and unforeseeable act of a third party to the Contract, or in case of a force majeure event.

 

10. Returns

 

10.1 Warranty-related returns

 

In the event that the Customer wishes to implement the warranty given to them, the Customer shall return the Products to the following address:

 

EASY-LOG / Koosh

Zone Isoparc

37250 Sorigny

France

 

The Customer shall first contact Koosh by email at hello@koosh.co in order to obtain instructions for returning the Products.

 

10.2 Returns linked to the right of cancellation

 

See article 8. Cancellation.

 

11. Archiving – Proof – Enforceability of the T&Cs of Sale

 

The T&Cs of Sale are made available to the Customer on the Site. They can be consulted directly and can also be sent to the Customer on request by emailing Koosh at hello@koosh.co or by writing to the following address:

 

Koosh

32 rue Médéric

75017 Paris

France

 

Koosh retains the T&Cs of Sale as accepted by the Customer on the day they confirmed their Order and undertakes to provide the Customer with a copy on a durable medium upon confirmation of their Order. The Customer can at any time consult the T&Cs of Sale that they accepted via their User Account.

 

Koosh’s computerised records will be considered to be proof of communications, orders and payments between the parties.

 

The Customer may access the elements archived by Koosh on request by contacting hello@koosh.co.

 

12. Termination of the Subscription

 

The Customer may terminate their Subscription at any time without reason up to five (5) days before the estimated delivery date of their next Order.

 

In the event of force majeure, the parties expressly reserve the right to terminate the Subscription.

 

Koosh and the Customer reserve the right to terminate the Subscription in the event of failure to perform any of the obligations incumbent on the other Party following the sending of an email with acknowledgement of receipt requiring the remedying of the breach with said message remaining without cure for thirty (30) days from receipt.

 

In any case, the Subscription can be terminated on the Site by sending an email with acknowledgement of receipt to hello@koosh.co.

 

13. Personal data

 

The Customer provides Koosh with personal data (personal information, contact details) during the conclusion and execution of the Subscription. This information collected from the Customer is stored in a computer file managed by Koosh and is processed with the following aims:

 

  • to enable visits to the Site and to ensure the long-term functionality and security of Koosh’s systems;
  • to determine statistics regarding the use of the Site and to develop the site based on the usage habits of the Site’s visitors;
  • to perform general administration of the Site;
  • to communicate with the Customer;
  • to send newsletters;
  • for promotional, referral and loyalty campaigns.

 

If the Customer did not provide this data, Koosh would be unable to fulfil Subscription Orders.

 

This data is communicated in a secure manner to any business partners of Koosh listed in the data confidentiality policy available on the Site.

 

Koosh collects the Customer’s personal data in accordance with French law no. 78-17 of 6 January 1978 as amended on information technology, files and liberties and in accordance with the Regulation (EU) of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/EC (General Data Protection Regulation) 2016/679 (hereinafter the “Applicable Regulations”). Personal data is therefore stored with all the appropriate physical, technical and organisational measures to ensure its security and confidentiality in order to protect it against any loss, accidental destruction, alteration and unauthorised access.

 

The Customer’s personal data is stored for a period of time no longer than is necessary for the purposes for which it is collected and in any case is stored for a period stated in the data confidentiality policy available on the Site.

 

In accordance with the Applicable Regulations and with the conditions set out therein, the Customer has the right to withdraw their consent to the processing of their personal data at any time. Under the same conditions, the Customer also has a right of access to information regarding him or her, a right to have their personal data corrected or removed and to object to the processing of their personal data by Koosh, and a right to the limitation and portability of his or her personal data.

 

The Customer can directly exercise the aforementioned rights by writing to hello@koosh.co or to the following postal address:

 

Koosh

32 rue Médéric

75017 Paris

France

 

For more information, Koosh recommends that the Customer read its data confidentiality policy, available on the Site. In the event of a dispute with Koosh, the Customer can refer the matter to the French data protection authority, the Commission Nationale de l’Informatique et des Libertés (CNIL).

 

14. Changes to the Terms and Conditions of Sale

 

The T&Cs of Sale are available on the Site at all times.

 

Koosh reserves the right to modify the T&Cs of Sale at any time including in order to ensure their compliance with current legislation.

 

15. Severability clause

 

The invalidity of an article of these T&Cs of Sale will not affect the validity of the other articles in any way.

 

Any tolerance or waiver by Koosh in the application of these T&Cs of Sale in whole or in part, regardless of the frequency or duration, cannot be construed as a modification of these T&Cs of Sale or as conferring any right whatsoever.

 

16. Liability

 

Koosh will not be held liable in the event of non-fulfilment or improper fulfilment of Orders due to the action of the Customer, to an insurmountable and unforeseeable act of a third party, or in case of a force majeure event.

 

17. Complaints and mediation

 

For any complaints regarding the Subscription and the Orders, the Customer shall submit their request to Koosh by email at the following address: hello@koosh.co.

 

Should the Customer’s complaint fail to be followed up or should the solution proposed by Koosh not satisfy the Customer, the Customer can submit the disagreement to a consumer ombudsman, who will independently and impartially attempt to reconcile the Parties with the aim of coming to an amicable solution.

 

The Customer has the right to refer the problem to a consumer ombudsman with the aim of finding an amicable resolution to any disputes that may occur during the execution of the Subscription and the Orders.

 

To submit a request for mediation, the Customer can use the complaint form accessible on the consumer ombudsman’s website.

 

The Parties remain free to agree to or refuse mediation, and also, if they agree to mediation, remain free to accept or refuse the solution proposed by the mediator.

 

The mediator will be the FEVAD (Fédération du E-commerce et de la Vente À Distance – Federation of E-commerce and Distance Selling) e-commerce mediator, which can be contacted via the online form at the following address: https://xrm.eudonet.com/V7/app/specif/EUDO_03047/FEVAD/Formulaire.aspx

 

18. Disputes

 

In the absence of a mediator being appointed or if mediation fails, the Parties are at full liberty to take any action they choose and the dispute regarding the existence, interpretation, conclusion, execution or breach of the Subscription and of the Orders will be subject to the jurisdiction of ordinary courts.

 

19. Applicable law and language

 

These T&Cs of Sale have been translated from the French and are governed by French law. In the event of a dispute, only the French text will prevail.

 

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APPENDIX 1 – CANCELLATION FORM

 

(Please fill out and return this form only if you want to cancel the Subscription)

 

To Koosh, located at 32 rue Médéric, 75017 Paris, France/email: hello@koosh.co

 

I/we (*) hereby notify you of my/our (*) cancellation of the Subscription and of the first Order regarding the sale of the item (*)/for the provision of the services (*) below:

 

Ordered on (*)/received on (*):

 

Name of the consumer(s):

 

Address of the consumer(s):

 

Signature of the consumer(s) (only required if this notification is submitted on paper):

 

Date:

 

(*) Delete as appropriate.

 

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