Terms and conditions of sales

TERMS AND CONDITIONS OF SALE

The website www.kookut.com (hereinafter the “Website”) is edited and published by KOOKUT (hereinafter “KOOKUT” or “we/us”).

These General Terms and Conditions of Sale (hereinafter “GTC”) apply to all orders for products or services placed by customers (hereinafter “Customers” or “you/your”) by email or through our Website.

1. ENFORCEABILITY OF THE GTC

The fact of using our Website and placing an order with KOOKUT implies your full and unreserved acceptance of the conditions below:

• GTC
• Legal notice
• Terms of use
• Privacy policy
• Cookie policy

in force on the date of the order, as well as the laws in force, to the exclusion of all other documents or advertisements issued by KOOKUT and which are only indicative.

No special condition may, unless formally accepted by KOOKUT, prevail over these GTC.

Prior to placing an order, the Customer declares that he/she is of legal age or has the authorization of his/her legal representatives, and that he/she has full legal capacity, enabling him/her to commit to the GTC and his/her order with KOOKUT.

2. THE PRODUCTS

Each KOOKUT product is presented on the Website by a product sheet so that the Customer can take note of the following information before ordering: name, composition and price.

The information, photographs, diagrams, drawings or video films illustrating the products and the presentation of the products on our Website do not constitute an offer in the legal sense of the term, only the order placed between You and Us constitutes an offer.

KOOKUT cannot be held responsible for any errors in the presentation of the products or if a product is no longer available.

The products offered for sale on our Website are subject to change without notice and may be ordered while stocks last.

Further information on the products presented can be obtained on request from the following e-mail address: hello@kookut.com.

3. ORDERING

Any order must be preceded by the Customer’s validation of these General Terms and Conditions of Sale.

All products offered for sale are subject to availability and KOOKUT reserves the right to impose quantity limits on any order, to reject all or part of an order, to cease offering certain products and to replace them without notice.

To place an order, the Customer must add the selected products to a shopping cart. The shopping cart summaries the selected products and their prices. You can modify or delete the products added to your basket at any time before confirming your order.

To place an order, you must follow these steps:

1. Adding the product to the shopping cart, a pop-up page opens, you must click on “View cart” to access the next step;

2. Review the order: you can view, check your shopping cart, change the quantities or delete a product and total the order, you must click on “checkout” to access the next step;

3. Billing and shipping: you must fill out the form to add your billing and shipping information and create an account. Verification of information, possibility to add a billing address different from the delivery address. You must click on “Confirm” to go to the next step;

4. Payment: Summary of the order (which cannot be modified at this stage), you must choose the delivery and payment method. You must click on “order” to proceed to payment. You are then redirected to the secure page of the chosen payment service to complete the transaction;

5. Order Confirmation: Page confirming your order and payment.

After your payment, you will receive an e-mail summarizing the essential information of your order.

If for any reason beyond its control KOOKUT is unable to deliver the product ordered, it undertakes to send an e-mail to the Customer as soon as possible to inform him/her of the follow-up and processing of his/her order.

Finally, KOOKUT reserves the right to refuse any order for legitimate reasons, and in particular, without this list being exhaustive, in cases where the quantities ordered are abnormally high or unusual for a single Customer, in the event of fraud or attempted fraud, or in the event of a payment incident.

4. TERMS OF PAYMENT

All orders must be paid in cash and in full as soon as the Customer confirms the order, using the payment methods offered by KOOKUT on the Website.

KOOKUT guarantees the total confidentiality of banking information, secured by the SSL protocol, which automatically checks the validity of access rights during payment by credit card and encrypts all exchanges to guarantee confidentiality.

KOOKUT is not responsible for technical failures of these payment tools.

KOOKUT reserves the right to refuse an order, particularly in the event of payment being refused by the bank.

The currency used for the transaction is the Swiss Franc (CHF).

The invoice for the order placed is available in the “My Account” section.

The transfer of ownership of the products to the Customer only takes effect after full payment of the price by the latter.

5. PRICE

The prices displayed on the Website are those in force on the day of the order by the Customer.

We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice.

The prices indicated on the Website are in Swiss Francs (CHF), including VAT.

Prices do not include shipping and handling costs, which are offered to the Customer for delivery in Switzerland or Liechtenstein for orders above CHF 50.

KOOKUT advises authorized dealers to use the public prices displayed on the Website. If this advice is not applied and the dealer’s price differs from the public price, KOOKUT cannot be held responsible in any way.

6. SHIPPING

a. Address and delivery area
The products are delivered to the address indicated by the Customer when ordering.

The Customer is responsible for the details of the name and address of the recipient, which must be precise, accurate and complete (door code, floor, telephone, etc.) to enable the order to be delivered under normal conditions. In the event of impossibility of delivery caused by the Customer (incorrect indication of address or other data), KOOKUT may not be held responsible under any circumstances.

On request, the Customer may request that an invoice be sent to a different address (known as the billing address) by validating the option provided for this purpose when ordering.

b. Shipping costs

The prices and delivery times are detailed in the section DELIVERY, which can be consulted on our website, and is an integral part of these GTC.

c. Order preparation and delivery times
The order is prepared within a maximum of three (3) working days and is sent by either DPD or Swiss Post to the delivery address indicated by the Customer in the order for all addresses in Switzerland and Liechtenstein.

No orders are dispatched or delivered on Saturdays, Sundays, public holidays, the day before and the day after public holidays.

During busy periods (Easter, Christmas, etc.), order preparation and delivery times may be extended.

The packages are prepared and packed in closed, strong packaging, appropriate to the contents and to the transport requirements.

Delivery times are given as an indication only.

KOOKUT cannot be held responsible for delays in deliveries due in particular to cases of force majeure, transport problems, customs retentions or any other reason beyond its control.

In case of temporary unavailability of an item, we cannot guarantee the delivery time.

In the event of difficult weather conditions (heavy snowfall, floods, heatwave, etc.), shipments and deliveries may be disrupted, for which KOOKUT cannot be held responsible.

Finally, KOOKUT cannot be held responsible for any delay in delivery or for any deterioration of the products due to their late collection from the carrier. KOOKUT understands a late withdrawal to be any withdrawal made two (2) days after the carrier’s first visit.

7. CLAIMS

Upon receipt of the order, the Customer is required to check the condition of the packaging of the products and to indicate on the delivery note any apparent damage due to transport.

Any incident concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products) must be reported to KOOKUT within 24 hours by :

– E-mail : hello@kookut.com

KOOKUT may request that the claim be accompanied by supporting documents (e.g. photos).

After KOOKUT’s analysis and acceptance of the claim, the Customer may choose between a redelivery of the products or a credit note.

8. RETURNS

Due to the perishable nature of the products offered for sale by KOOKUT, any return of products is excluded, with the exception of apparent defects or non-conformity of the products delivered.

All product returns must be formally agreed between KOOKUT and the Customer and returned within three (3) days of the agreement. After this period, no returns will be accepted.

Any return accepted by KOOKUT will entitle the Customer to a free replacement to the exclusion of any other compensation or damages.

9. WARRANTIES

KOOKUT guarantees the quality of its products provided that Customers keep them in a cool place at a constant temperature and protected from direct light and odours.

10. LIMITATIONS OF LIABILITY

The Customer is solely responsible for the choice of products, their conservation from the time of delivery and their use. Similarly, KOOKUT shall not be held responsible for non-compliance with the legislative or regulatory provisions in force in the country of delivery, KOOKUT being solely responsible for compliance with the Swiss regulations governing the products.

11. DATA PROTECTION AND COOKIES

With regard to data protection, we ask you to refer to and comply with our Privacy policy and Cookie policy.

12. GENERAL PROVISIONS

Any provision of the GTC that is wholly or partly in conflict with mandatory Swiss law shall be severable, and any invalidity of such a clause, in whole or in part, shall not affect the validity of the remainder of the clause in question or of the other clauses of these conditions.

The fact that KOOKUT does not avail itself at a given time of any of the provisions of these GTC and other conditions may not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.

13. APPLICABLE LAW AND JURISDICTION

The GTC are presented on the Website in French and English. In the event of a discrepancy between the French and English versions, the French version shall prevail.

The GTC are governed by Swiss law, without regard to the principles of conflict of laws.

In the event of a dispute concerning the interpretation, execution or termination of the GTC, we encourage you, as a matter of priority, to contact us to try to resolve the dispute amicably.

KOOKUT also informs the Customer that there are alternative dispute resolution methods such as mediation.

In the absence of an amicable settlement of the dispute, you agree with us to bring the dispute before the Courts of the Canton of Geneva (SWITZERLAND), subject to an appeal to the Federal Court.

The terms of this article do not deprive consumers of their right to take legal action, or of their right of defence in the event of legal action, in their country of residence or domicile, or of their right to consumer protection measures as defined by the law applicable in their country of residence.

14. MODIFICATIONS

KOOKUT reserves the right to make changes, revisions, corrections and/or improvements to the content of the Website, including all terms and conditions governing the Website, as well as these GTC, at any time without notice, but takes no responsibility for them.

You agree to all revisions of the GTC and we encourage you to periodically visit this page and related pages to review the GTC that apply to your orders.

15. CONTACT

If you have any questions about our terms and conditions, please do not hesitate to contact us
contact by :

– E-mail : hello@kookut.com

Last update: Septemberer 2022