|Terms and Conditions|
GENERAL TERMS AND CONDITIONS FOR INTERNET SALES
Last updated 15 January 2021
1. The various steps to follow for the conclusion of an online contract
You can identify yourself after selecting a product on the website or with your user account, which can be opened using two identifiers: an e-mail address and password.
You select the product you wish to order by browsing the pages of our website. Your selection is added to your basket when you click on “Add to basket”. You can confirm your order at any time while browsing our website by clicking on “Confirm my order”.
When you click on “Confirm my order”, a confirmation message appears summarising your order, ie. the product(s) and option(s) you have selected, as well as the price excluding tax and including all taxes, the quantity and delivery mode (such as shop collection, as well as the date and time of collection chosen).
Before confirming your order, you should check that the information in your order summary matches your choice and take note of these General terms and conditions of sale. If you accept them, you must tick the “I have read and accept the General terms and conditions of sale!” box.
To confirm your order, please click on “Finish my order”, which will also allow you to proceed with payment of your order.
A receipt message will be displayed once you have made your payment via our secure server (see “4. Means of payment and security resources” below). It confirms that your order has been registered and informs you that a confirmation e-mail will be sent to you as soon as possible.
You can contact us for any information regarding the progress of your order by sending us a message via our form at https://portable.kohler-sdmo.com/contact.php.
1.2 Technical means of identification and error correction
1.3. Means of archiving and access to your order
You have a right of communication of these documents for orders higher or equal to 120 Euros.
2.2 Delivery period
In the case of a delivery delay, we will inform you by e-mail as quickly as possible and will offer you a new delivery date.
According to the provisions of the Consumer Code, where the delivery period exceeds seven (7) days, you can cancel your order by responding by e-mail or via our form at https://portable.kohler-sdmo.com/contact.php as long as this request arrives within sixty (60) days from the agreed delivery date. We will cancel your order and reimburse any sums paid within thirty (30) days from the date of receipt of your order. If your product is delivered before your request to cancel the order is taken into account, we will send you a return form indicating the address to which you should return the product, at our expense.
2.3 Delivery costs
2.4 Delivery tracking
2.5. Collecting your order at the shop collection point
It is your responsibility to issue any reservations or complaints you deem necessary or even refuse delivery from the collection point if the package is obviously damaged on delivery or does not match your order.
Any change in the applicable rate of VAT shall be automatically passed on to product prices.
4. Means of payment and security resources
4.1 Means of payment
Your order will therefore be registered and confirmed as soon as payment is accepted by your bank.
We do not stock your bank card details on our computer servers in order to protect you against any potential hacking. The bank details are processed by LCL, who send an authorisation number back to us.
5. Right of withdrawal
If you wish to exercise your right to withdrawal, we will make a withdrawal slip available to you via the following link: Withdrawal slip.
The product must be returned as new, complete, in perfect condition and in its original packaging with any instruction manuals, documents and accessories. Where the product has to be subject to refurbishment, the reimbursement may then be the subject of a deduction.
We will reimburse the sum paid for your order, ie the returned product, minus the fixed sum of 48 Euros corresponding to the cost of returning the product and the potential cost of refurbishment, no later than 14 days from the date of receipt of the product or receipt of the proof of shipping the product.
You cannot exercise your right of withdrawal where the product has been manufactured according to individual specifications and requirements.
6. Legal and contractual guarantees
6.1 Legal guarantees
Art. L. 211-4 of the Consumer Code: "The vendor is required to deliver goods that comply with the contract and is answerable for any non-compliances existing on delivery. It is also answerable for any non-compliances resulting from packing, assembly instructions or installation when in the charge of the latter under the terms of the contract or when carried out under its responsibility"
Art. L. 211-5 of the Consumer Code: "To comply with the contract, the goods must:
1° Be suitable for the use customarily expected of similar goods and, if applicable, must:- correspond to the description given by the vendor and have the qualities the vendor presented to the purchaser in the form of a sample or model;- have the qualities a buyer can legitimately expect, considering the public statements made by the vendor, the producer or its representative, particularly in its advertising or labelling;
2° Or alternatively, present the characteristics mutually defined by the parties or be suitable for any special purpose desired by the purchaser which has been made known to the vendor and which the vendor has accepted".
Art. L. 211-12 of the Consumer Code: "Action arising from a non-compliance is limited to a period of two years from the date of delivery of the goods".
Art. 1641 of the Civil Code: "The vendor is bound by the warranty for any hidden defects in the item sold which make it unsuitable for its intended purpose or which limit the said purpose to such an extent that the purchaser would not have acquired it, or would only have paid a lower price had they been aware of it".
Art. 1648 of the Civil Code: "The purchaser must instigate action resulting from unacceptable defects within two years of discovering the defect. In the case provided for by Article 1642-1, for the challenge to be admissible, the action must be instigated within the year following the date on which the seller’s liability for any apparent defects or non-conformity can be waived.
The above provisions are not exclusive to the application of the legal guarantee for hidden defects in Articles 1641 and following of the Civil Code, in accordance with the provisions of Article L. 217-4 of the Consumer Code.
When you take action in relation to the legal guarantee of conformity, you:
will benefit from a term of two years from delivery of the product to take action;
You will therefore be able to exercise these guarantees by contacting the shop collection point from which the product was collected.
6.2 Contractual guarantees
The provisions of the contractual guarantee can be consulted on our website, particularly in relation to its term, application conditions, limits, exclusions and means of application on the page of the product you have selected.
The commercial guarantee is excluded for incidents related to fortuitous situations or force majeure, as well as for and in particular for replacements or repairs that might particularly result from the normal wear and tear of the Product, deterioration or accidents originating from negligence, lack of supervision or maintenance and the faulty use of that Product.
You will therefore be able to exercise these guarantees by contacting the shop collection point from which the product was collected.6.3. Our after-sales service
The product will be repaired free-of-charge if the issue is covered by the contractual guarantee.
In cases where the contractual guarantee does not apply, our after-sales network will send you an estimate for the repair; you should communicate your acceptance of this so that the repair can be carried out. They will then proceed with the return of the repaired product to you at your expense.
7. Our liability
We cannot be held liable for the poor operation or poor starting of the product owing to a error by you and/or a third party. We are only liable for faults, errors or omissions which we ourselves have committed. In particular, we are not responsible for any incident which may arise from an installation, implementation, operation, maintenance or servicing of the product by a third party.
If you are a professional, you furthermore waive the right to claim immaterial and/or indirect losses such as, and in particular, operational losses and our liability is limited to a one-time capped payment corresponding to the amount of the order excluding tax, though without being able to exceed 2 (two) million euros per event and per annum. In this case, you thus waive all recourse beyond the aforementioned exclusions and limitations and you effectively guarantee the waiver of recourse to your insurer and/or a third party for any action against us and against our insurer. These limits do not apply in the case of a serious fault and/or personal injury.
8. Retention of ownership and transfer of risk
The risks of loss or deterioration of the product are transferred on the date of the product’s delivery.
9. Intellectual property
We therefore retain the intellectual and industrial property, technology and expertise, whether patented or not, and that of all the documents or information you have been able to take note of within the context of making your order.
All text, comments, illustrations, works and images reproduced or displayed on the website are strictly reserved in accordance with copyright, as well as intellectual property worldwide.
The corporate names, brands and distinguishing marks reproduced on the website are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly forbidden.
10. Personal data
We collect your personal data in order to process your order (shipping and collection of products, application of guarantees, after-sales service) and the monitoring of our commercial relationships. Your personal data may therefore be communicated to our partners exclusively for the fulfilment of your order, in accordance with these General terms and conditions of sale.
Our data protection policy informs you of our practices regarding the collection, use and storage period of your personal data, as well as the security measures we have put in place. You have a right to access, delete, oppose and correct your personal data. If you wish to exercise one of these rights, please contact us at the following address: KohlerGlobalDataPrivacy@kohler.com
If, after having contacted us, you feel that your personal data rights have not been respected, you can lodge a complaint with the CNIL [French national agency regulating data protection].
The following mediation system is therefore proposed:
The Centre de Médiation et d’Arbitrage de Paris (CMAP), an association under the law of 1901 whose headquarters is located at 39 avenue Franklin D. Roosevelt, 75008 Paris, France.
You can therefore lodge a request for mediation with the CMAP either:
“A dispute can only be examined by the consumer ombudsman when:
11.3. Competent jurisdiction
If you are a professional, we will endeavour to reach a friendly agreement together. Failing any friendly settlement within 30 (thirty) days from the date of first notification, any request in law should be made to the Paris Commercial Tribunal (France), which is solely competent, even in the case of an incidental claim, multiple defendants or the introduction of third parties.
Article 9. Applicable law