Terms and Conditions

ARTICLE 1 – SCOPE AND ENFORCEABILITY

1.1 These general terms and conditions of sale (hereinafter the “GTC”) apply automatically to all sales of products (hereinafter the “Products”) made by KAOKA (hereinafter “KAOKA”) via its website accessible at https://www.kaoka.fr (hereinafter the “Website”) to any person acting as a consumer or non-professional not acting in the course of their commercial, industrial, craft, professional or agricultural activity, who has the legal capacity to enter into contracts and places an order on the Website (hereinafter the “Buyer”).

KAOKA is a simplified joint-stock company with a share capital of €300,000, having its registered office at 340 Rue Eugène Guerin – 84200 CARPENTRAS, registered with the Avignon Trade and Companies Register under number 392 925 434, with the following VAT number: FR13392925434. KAOKA is registered with the EPR (Extended Producer Responsibility) cocoa programs under number FR216831_01MISU, in accordance with Article R.541-173 of the French Environmental Code.

The Buyer may contact KAOKA using the contact details set out in Article 15 of the Terms and Conditions..

1.2 Deliveries of Products purchased on the Website are limited to mainland France, including Corsica (hereinafter the “Territory”).

1.3 By placing an order for one or more Products on the Website, the Buyer fully and unreservedly accepts these Terms and Conditions, thereby entering into a distance contract between KAOKA and the Buyer.

Les CGV sont mises à la disposition de l’Acheteur avant toute validation de la commande et tout paiement de celle-ci. L’Acheteur reconnaît expressément avoir pris connaissance et accepté sans réserve l’intégralité des CGV en cochant la case « J’ai lu et accepté les conditions générales de vente » au moment de la commande.

1.4 KAOKA reserves the right to amend these Terms and Conditions at any time, particularly in response to changes in legislation, by publishing a new version on the Website. Any amendments shall apply only to orders placed after the Terms and Conditions have been updated.

The version of the Terms and Conditions applicable to the order is the one in force at the time the order is confirmed by the Buyer.

1.5 Should one or more provisions of these Terms and Conditions be declared invalid or become invalid as a result of a change in legislation, regulations or a court ruling, the remaining provisions shall remain in full force and effect.

ARTICLE 2 – PRODUCT INFORMATION

2.1 Product Specifications

In accordance with Article L.221-5 of the French Consumer Code, prior to placing any online order, the Buyer acknowledges having read the following information, in French:

The essential characteristics of the Product (including its name, function, composition, precautions for use and nominal quantity);
The price of the Products and any associated costs, in particular delivery charges, payable by the Buyer;
The delivery date or timeframe for the Products;
Information regarding the identity of the seller, their postal, telephone and email contact details, and their business activities;
The existence and terms of application of statutory guarantees, in particular the statutory guarantee of conformity and the statutory guarantee against hidden defects, and any contractual guarantees, as well as, where applicable, after-sales service;
The option to refer the matter to a consumer ombudsman in the event of a dispute;
Information regarding the right of withdrawal, if applicable, or a statement that the Buyer does not have the right of withdrawal in accordance with Article L.221-28 of the French Consumer Code;
Information regarding the costs of returning the Products, the terms of cancellation and other important contractual conditions;
The obligation to pay for the Products and the payment methods accepted by KAOKA;
Any delivery restrictions.
Information regarding the Products sold via the Website is available, together with their product codes, on the Website.

KAOKA makes every effort to ensure that the photographs of the Products displayed on the Website are as accurate as possible to the Products delivered to the Buyer. However, KAOKA cannot guarantee a perfect match between the actual appearance of the Products and their visual representation, which has no contractual value.

It is the Buyer’s responsibility to carefully consult the description of each Product, in particular the list of components (e.g. active ingredients, additives, allergens, gluten, lactose, nuts, etc.) and to ensure, before placing any order, that there is no risk associated with any allergies.

The Buyer undertakes to comply with the storage and consumption conditions for the Products as stated on their packaging, in accordance with KAOKA’s instructions and recommendations.
For any questions regarding the Products, in particular their composition or use, as well as any further queries or requests for advice, the Buyer is invited to contact KAOKA’s customer service department, whose contact details are set out in Article 15 of these T&Cs (hereinafter the “Customer Service”).

2.2 Product Availability

Product offers are valid for as long as they are displayed on the Website, subject to availability.

Where applicable, the product page will inform buyers if products are out of stock or have a longer delivery time. The “basket” function will then be disabled for unavailable products.

KAOKA reserves the right to withdraw Products from sale on its Website at any time.

If a Product turns out to be unavailable after the Buyer has confirmed the order, Customer Services will contact the Buyer to inform them of this unavailability, the new estimated delivery time and the Buyer’s right to cancel all or part of their order.

In the event of a request to cancel an order, KAOKA will refund the full amount paid as soon as possible and no later than fourteen (14) days following the cancellation of the order, in accordance with Article L216-7 of the French Consumer Code.

ARTICLE 3 – ORDERING PROCEDURES

3.1 Identification of the Buyer

Before placing an order, the Buyer must provide certain valid identification details, namely: surname, first name, billing address, delivery address (if different from the billing address), email address and telephone number.

The Buyer may, if they wish, create a customer account on the Website in order to save their login details for any future purchases. To do so, they will need to create a username and password.

Usernames and passwords are strictly personal. Each Buyer undertakes to keep their username and password secure and not to disclose them to third parties.

In the event of loss, theft or any other fraudulent use of their customer account, the Buyer undertakes to notify KAOKA immediately.

Furthermore, should KAOKA have reason to suspect that a third party has breached a Buyer’s account, password and/or login details, KAOKA reserves the right to immediately terminate the account in question and will notify the Buyer by email or telephone.

In the event of any changes to the information provided when creating their account, the Buyer must update this information directly on the Website.

3.2 Select the product(s)

The Buyer may view the Products on the Website without any obligation to purchase.

To place an order, the Buyer selects the Product(s) of their choice from among the Products available for sale on the Website.

The Buyer may add the selected Product to their basket by clicking on the corresponding “Add to basket” button on the product page.

They may view their basket summary at any time until the order is definitively confirmed and may correct any errors in the details entered. This basket does not in itself constitute an order binding on KAOKA.

Once the Buyer has selected the Product they wish to purchase, they must click on “Confirm basket”.

The Buyer will then receive an order summary, showing in particular the total price of the order in euros, including the unit cost of the Product and delivery charges where applicable.

If the order summary is satisfactory, the Buyer must then provide the following mandatory details: their contact details (surname, first name, telephone number, email address), their chosen delivery method, the delivery address (which must be located within the Territory defined in Article 1.2 of the T&Cs), the billing address if different from the delivery address, and their payment method. The Buyer guarantees and is responsible for the accuracy and completeness of the information provided.

The Buyer may amend their order and correct any errors at any time prior to payment of the order.

3.3 Order confirmation and payment

All orders must be confirmed in advance by the Buyer. The Buyer may check the details of their order, including the total price and delivery method, and may amend it or correct any errors at any time before confirming their order to indicate their acceptance.

To definitively confirm the order, the Buyer must read the Terms and Conditions available via a clickable hyperlink, tick the box “I have read and accept the Terms and Conditions” and click the button “Proceed to payment”.

The Buyer may not cancel their order once it has been confirmed and paid for.

3.4 Order confirmation from KAOKA

Once payment has been confirmed and duly made by the Buyer, KAOKA will send the Buyer, via email to the address provided by the Buyer, an order summary serving as confirmation of the order, which will include, in particular, the order number, the total amount of the order, information regarding delivery costs and times, the essential characteristics, the quantity and the price of the Product purchased.

It is agreed between KAOKA and the Buyer that emails shall be deemed authentic between the parties, as shall the automatic recording systems used on the Website, in particular regarding the nature and date of the order.

The Buyer is advised to keep the order confirmation and the current Terms and Conditions of Sale in paper or digital format.
The order summary will also be accessible via the Buyer’s customer account, if they have one.

Pursuant to Article L.213-1 of the French Consumer Code, where an order is for an amount equal to or greater than one hundred and twenty (120) euros, KAOKA shall retain the details relating to any order for a period of ten (10) years from the date of delivery. KAOKA will make these details available to the Buyer upon simple request made to Customer Services by email at the address specified in Article 15 of the T&Cs, provided the Buyer’s identity is verified by any legally recognised document.

3.5 Reasons for order rejection

In accordance with Article L.121-11 of the French Consumer Code, KAOKA reserves the right to refuse any order on legitimate grounds, without incurring any liability in this regard, such as:

a product ordered being out of stock,
an order of an abnormal nature in terms of quantities of products exceeding a consumer’s normal requirements,
abnormal order flows to the same billing and/or delivery address,
outstanding payments by the Buyer relating to previous orders placed on the Website.

ARTICLE 4 – PRICES OF PRODUCTS

4.1 The prices of the Products displayed on the Website are quoted in euros and include all taxes (VAT included). They reflect the VAT rate applicable on the date of the order, depending on the nature of the Product.

KAOKA reserves the right, at its sole discretion, to offer promotional deals or price reductions in accordance with current regulations, the terms of which will be set out on the Website (including the offer’s validity period, the nature and quantities of Products).

Unless otherwise stated, prices do not include delivery charges, which will, where applicable, be invoiced to the Buyer in addition to the price of the Products. Delivery charges will be indicated on the Website before the Buyer confirms the order. They may vary depending on the delivery method chosen by the Buyer (method/timeframe), and the nature and/or weight of the Products ordered.

4.2 The prices of the Products and the delivery charges displayed on the Website are subject to change. The applicable prices are those indicated on the Website at the time the Buyer places the order and as stated in the order confirmation.

4.3 All orders must be paid for immediately, at the time the order is placed.

4.4 Upon order confirmation, the Buyer will receive written confirmation of the price paid, detailing the price of the Products and any delivery charges, where applicable, to be borne by the Buyer.

ARTICLE 5 – PAYMENT TERMS

5.1 Orders must be paid for prior to delivery. Payment is made in full and in a single instalment at the end of the ordering process.

5.2 Payment is made in euros, exclusively by credit card.

The Customer is automatically redirected to the dedicated secure payment site to enter their bank details. Bank details are entered by the Buyer on a secure server, ensuring the security and confidentiality of the information provided during the banking transaction.

The Buyer warrants to KAOKA that they are the holder of the credit card used to pay for the order and that the first name and surname appearing on the credit card to be debited are indeed their own.

If the payment is accepted, the Customer will automatically be taken to the order confirmation page on the Website. If payment fails, the Customer will be redirected on the Website to a screen indicating that the payment has been declined.

In the event that, for any reason whatsoever (dispute, refusal by the issuing bank, etc.), it proves impossible to debit the amounts owed by the Buyer, the order will be immediately cancelled.
No delivery will be made if full payment of the price proves impossible.

5.3 The invoice corresponding to the order placed by the Buyer will be sent to the Buyer by any means at the Buyer’s request. Where applicable, it will be available in the Buyer’s customer account.

ARTICLE 6 – DELIVERY TERMS

6.1 Order preparation

Packages are prepared and packed by KAOKA in sealed, sturdy packaging that is suitable for the contents and meets transport requirements.

6.2 Place of delivery

Delivery of the order shall be deemed to have been completed by KAOKA upon handover of the ordered Products to the Buyer by the carrier at the delivery address provided by the Buyer at the time of ordering.

Please note that deliveries are limited to mainland France, including Corsica.

Furthermore, orders specifying a PO box address cannot be accepted.

The Buyer is responsible for ensuring that the details regarding the recipient’s name and address are precise, accurate and complete (door code, floor, telephone number, etc.) to enable delivery under normal conditions. It is essential that the delivery address can be geolocated and that a contact name and telephone number are provided to ensure delivery.

In the event of an error in the recipient’s contact details or if the recipient is absent, KAOKA cannot be held responsible for the inability to deliver the order. Where applicable, any redelivery will be at the Buyer’s expense.

6.3 Delivery charges

Delivery to a collection point is free for orders of €50 or more (including VAT).

Home delivery is free for orders of €65 or more (including VAT).

For orders below these amounts, delivery charges – which vary depending on the delivery method chosen by the Customer and the delivery address – will be added to the total price of the Products.

6.4 Delivery times

The delivery time is shown on the Website at the time of purchase, before the Buyer confirms the order, and in the order confirmation email.

Delivery will take place within an average of three (3) to five (5) working days from the date the order is confirmed. This timeframe is indicative and may vary depending on the delivery address, the selected delivery method and/or the time of year.

All orders placed on Friday, Saturday and Sunday will be dispatched from the following Monday and therefore delivered from Tuesday onwards only. During busy periods (15 to 24 December), delivery times cannot necessarily be guaranteed.

Where applicable, KAOKA will inform the Buyer by email of any difficulties encountered that are disrupting the delivery of the ordered Product and will provide the Buyer with the new expected delivery time.

In the absence of a specified delivery time, delivery must in any event take place no later than thirty (30) days from the date of the order, subject to full payment of the price by the Buyer. Failing this, the Buyer may request the cancellation of their order and the termination of the sale in accordance with the conditions set out in Articles L.216-6 and L.216-7 of the French Consumer Code. The Buyer will then be refunded no later than fourteen (14) days following the date of termination of the sale.

6.5 Delivery methods

Products ordered by the Buyer are delivered by KAOKA or any third-party carrier appointed by KAOKA to the delivery address provided by the Buyer when placing the order.

A tracking number is assigned to each order. By logging into their customer account on the Website, the Buyer will find a link enabling them to track the delivery status of their parcel via the carrier’s website.

In the event of delivery by a carrier requiring an appointment to be made with the Buyer, the carrier will contact the Buyer as soon as possible to arrange a delivery appointment. If the Buyer is absent on the carrier’s first attempt, a second delivery attempt will be made. A delivery notice will be left in the Buyer’s letterbox or sent to them by email. The carrier’s contact details are provided on this delivery notice. It is then the Buyer’s responsibility to contact the carrier to arrange a new delivery date. In the event of a second absence, the parcel will be made available at a collection point near the destination. No compensation may be claimed by the Buyer in the event of a delivery delay.

Under no circumstances shall KAOKA be held liable for any damage or delay resulting from the subsequent collection of the parcel.

6.6 Transfer of risk

KAOKA bears the risk for the Products in connection with their transport until delivery to the Buyer, that is to say, until the Products are physically handed over at the address specified by the Buyer when placing the order.

ARTICLE 7 – RIGHT OF WITHDRAWAL

In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal provided for in Article L.221-18 may not be exercised by the Buyer in the following circumstances:

The supply of goods liable to deteriorate or expire rapidly,
The supply of goods which have been unsealed by the Buyer after delivery and which cannot be returned for reasons of hygiene or health protection,
The supply of goods made to the Buyer’s specifications or clearly personalised.

Consequently, due to the perishable nature of the Products sold on the Website and their sensitivity to storage conditions such as temperature or humidity, KAOKA does not accept any returns of Products after their delivery to the Buyer, except in cases of non-conformity with the order or a proven defect in the delivered Products.

ARTICLE 8 – COMPLAINTS UPON RECEIPT – RETURN OF PRODUCTS

8.1 Complaints upon receipt

The Buyer must check the condition of the parcel upon receipt. The Buyer is requested to note any anomalies observed on the delivery note handed to the carrier, in the form of handwritten reservations accompanied by their signature, and then to notify KAOKA’s Customer Service by email at info@kaoka.fr within three (3) days of delivery, specifying the defect observed.

The Buyer must also ensure that the Product delivered corresponds to their order. If this is not the case, the Buyer shall inform KAOKA’s Customer Service as soon as possible, providing evidence of the Product’s non-conformity with the order, in particular by means of photographs.

No unsolicited returns of Products shall be accepted without KAOKA’s express prior consent.

Upon receipt of the Product and verification of the defect, KAOKA shall, at its own expense, arrange for a new delivery in accordance with the order or refund the cost of the Product concerned (including delivery charges) as well as any return costs incurred by the Buyer, within fourteen (14) days at the latest, using the same payment method as that used by the Buyer when placing the order, unless the Buyer expressly agrees otherwise, and in any event without incurring any additional costs.

8.2 Product Return Policy

In the event of a proven non-conformity or defect in the Product, the Buyer must return it to KAOKA, unless KAOKA has specifically authorised the Buyer to keep the Product.

Where applicable, the Product must be returned to KAOKA in its original packaging as soon as possible following KAOKA’s approval, accompanied by the return form provided by KAOKA. A return label, supplied by KAOKA, must be affixed directly to the parcel. This label already includes the delivery address.

Return costs are covered by KAOKA.

The Buyer is advised to retain all proof of this return.

KAOKA will refund the cost of the Product in question (including delivery charges if the Buyer has incurred them) within fourteen (14) days of being notified of the non-conformity or defect, provided that the Products in question have been received within this period, using the same payment method as that used by the Buyer when placing the order, unless the Buyer expressly agrees otherwise, and in any event without incurring any additional costs.

ARTICLE 9 – STATUTORY WARRANTIES

9.1 Statutory guarantee of conformity

In accordance with Article L.217-3 of the French Consumer Code, KAOKA is liable for any lack of conformity in the Product existing at the time of delivery to the Buyer, which becomes apparent within two (2) years of such delivery.

In accordance with Article L.217-4 of the French Consumer Code:

“The goods are in conformity with the contract if they meet, where applicable, the following criteria:

1° They correspond to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is fit for any specific purpose sought by the consumer, which was brought to the seller’s attention no later than at the time of conclusion of the contract and which the seller has accepted;

3° It is delivered with all accessories and installation instructions, which must be provided in accordance with the contract;

4° It is updated in accordance with the contract.”

In accordance with Article L.217-7 of the French Consumer Code, any lack of conformity that becomes apparent within twenty-four (24) months of the delivery of the Product is, unless proven otherwise, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the Product or the alleged defect.

In accordance with Article L.217-8 of the French Consumer Code, where the statutory warranty of conformity is invoked, the Buyer is entitled to have the Product brought into conformity through repair or replacement or, failing that, to a price reduction or the termination of the contract (refund of the price).

Pursuant to Article L.217-10 of the French Consumer Code, KAOKA shall inform the Buyer of the practical arrangements for returning the Product.

Where applicable, the Product shall be brought into conformity, at no cost to the Buyer, within a reasonable period not exceeding thirty (30) days following the Buyer’s request.

In accordance with Article L217-17 of the French Consumer Code, KAOKA shall refund the sums due to the Buyer upon receipt of the goods or proof of their return by the Buyer, and no later than fourteen (14) days thereafter. KAOKA shall refund these sums using the same payment method as that used by the Buyer when placing the order, unless the Buyer expressly agrees otherwise, and in any event without incurring any additional costs.

9.2 Statutory warranty against hidden defects

In accordance with Article 1641 of the Civil Code, KAOKA is also liable for any hidden defects in the Product sold which render it unfit for its intended use, or which so impair its use that the Buyer would not have purchased it, or would have paid a lower price for it, had they been aware of such defects.

In accordance with Article 1644 of the Civil Code, the Buyer may choose either to return the Product and receive a full refund, or to retain the Product and receive a partial refund.

In accordance with Article 1648(1) of the Civil Code, the Buyer may bring a claim under the warranty against hidden defects within two (2) years of discovering the defect.

The consumer has a period of two (2) years from the date of delivery of the goods to invoke the statutory guarantee of conformity should a lack of conformity arise. During this period, the consumer is only required to establish the existence of the lack of conformity, not the date on which it arose.

The legal guarantee of conformity imposes an obligation on the trader, where applicable, to provide any updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty (30) days of their request, at no cost and without significant inconvenience to them.

If the goods are repaired under the statutory guarantee of conformity, the consumer is entitled to a six (6)-month extension of the original guarantee.

If the consumer requests repair of the goods but the seller insists on replacement, the statutory guarantee of conformity is renewed for a period of two (2) years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price whilst retaining the goods or terminate the contract by receiving a full refund upon return of the goods, if:

1°) The trader refuses to repair or replace the goods;

2°) The repair or replacement of the goods takes place after a period of thirty (30) days;

3°) The repair or replacement of the goods causes significant inconvenience to the consumer, in particular where the consumer bears the costs of taking back or collecting the non-compliant goods, or where they bear the costs of installing the repaired or replacement goods;

4°) The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a price reduction or to the termination of the contract where the lack of conformity is so serious as to justify an immediate price reduction or termination of the contract. In such cases, the consumer is not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are out of service for repair or replacement suspends the remaining warranty period until the goods are returned in good working order.

The rights mentioned above arise from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

A seller who, in bad faith, obstructs the enforcement of the statutory guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer is also entitled to the statutory warranty against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two (2) years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are retained, or to a full refund upon return of the goods.

ARTICLE 10 – LIABILITY

KAOKA guarantees to the Buyer that the Products sold on the Website and delivered to the Buyer comply with current French laws, regulations and standards.

The Products are guaranteed to have been manufactured under the highest standards of hygiene and food safety and have been packaged with the utmost care.

The best-before date (BBD) of the Products is indicated on each product.

KAOKA guarantees the quality and freshness of its Products, provided that the Buyer stores them in a cool place, between 14 and 18°C, and away from light.

KAOKA shall not be held liable in the following cases of non-performance of the contract resulting from a force majeure event as defined in Article 11 of the T&Cs or due to the Buyer’s actions, in particular in the following circumstances:

An error by the Buyer in the selection of the Products ordered, even where the right of withdrawal would not apply;
Incomplete or incorrect delivery address;
Loss or damage to the Products after their delivery to the Buyer, in accordance with Article L216-2 of the French Consumer Code;
Improper use or storage of the Products by the Buyer, including any negligence or failure to follow the recommendations on the packaging, in the product description or in these T&Cs;
Allergy to an ingredient and/or any other substance contained in the Products, provided that this information is mentioned in the product description or any other information material provided prior to the conclusion of the contract.

KAOKA shall not be held liable for any events that may prevent continuous access to all or part of the Website (interruption of access, technical issues) whilst the Buyer is placing an order.

KAOKA reserves the right to make the Website inaccessible if necessary, in particular in the event of necessary updates or maintenance, or technical malfunctions.

KAOKA accepts no liability for any damage resulting from the use of and/or access to the Website (inaccessibility, loss of data, damage, destruction or computer viruses, breakdowns).

ARTICLE 11 – FORCE MAJEURE

11.1 In the event of a force majeure event preventing the fulfilment of the order, KAOKA shall notify the Buyer as soon as possible by email and shall be released from its obligations set out in these Terms and Conditions for the duration of the force majeure event, without any compensation being payable to the Buyer.

11.2 In accordance with Article 1218 of the Civil Code, any event beyond KAOKA’s control or independent of its will, preventing it from fulfilling the order, which could not reasonably have been foreseen at the time of the order confirmation and payment by the Buyer, and the effects of which cannot be avoided by appropriate measures, such as strikes, fires, explosions, external electrical and technical problems, floods, storms, water damage, epidemics or health crises, serious accidents, earthquakes, acts of war, governmental or legal restrictions, blockages of transport or supply routes, or any other event beyond KAOKA’s control.

ARTICLE 12 – INTELLECTUAL PROPERTY

The trademark and, more generally, all illustrations, images and logos appearing on KAOKA’s Products and/or Website, their accessories or packaging, whether registered or not, are and shall remain the exclusive property of KAOKA. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of KAOKA, is strictly prohibited. The same applies to all copyright, designs and patents owned by KAOKA.

The use of all or part of the Website, in particular by downloading, reproduction, transmission or display for purposes other than personal and private use, for non-commercial purposes, is strictly prohibited. Any breach of these provisions exposes the perpetrator to the penalties provided for both by the Intellectual Property Code, in particular regarding copyright infringement and trademark infringement, and by the Civil Code in relation to civil liability.

The creation of hyperlinks to any of the pages or elements of the Website may only be carried out with the prior written authorisation of KAOKA. Such authorisation may be revoked at any time. Websites containing a hyperlink to the Website or to which the Website may link are not under KAOKA’s control; KAOKA therefore accepts no liability whatsoever regarding access to or the content of such websites.

ARTICLE 13 – PERSONAL DATA

13.1 By ordering a Product on the Website, the Buyer agrees that KAOKA may collect, use and process the personal data provided (name, date of birth, postal address, email address, bank details) that is deemed necessary to ensure the fulfilment, management, tracking, delivery and invoicing of the order, as well as the creation of a customer account on the Website.

The processing of information provided via the Website complies with the legal requirements regarding the protection of personal data set out in the amended French Data Protection Act of 6 January 1978 and the European General Data Protection Regulation No. 2016-679 (GDPR).

13.2 All Buyers have the right to information, access, objection, rectification, erasure, restriction of processing, deletion and the right to data portability regarding the personal data they provide in connection with any order, which they may exercise by writing to rgpd@kaoka.fr or via the ‘Contact’ form on the Website.

13.3 KAOKA reserves the right to use the data provided by the Buyer for commercial purposes if the Buyer expressly consents to this when their personal data is collected, particularly when subscribing to the newsletter. Otherwise, the Buyer will not receive the newsletters. The Buyer may, at any time, opt out of receiving the aforementioned newsletters by clicking on the unsubscribe link provided for this purpose in the newsletters sent to them.

13.4 The Buyer is invited to consult KAOKA’s personal data processing policy and the Buyer’s rights, available under the “Privacy Policy and Cookie Management” tab.

ARTICLE 14 – GOVERNING LAW – MEDIATION – JURISDICTION

14.1 Any order placed on the Website and these Terms and Conditions are governed by French law.

14.2 In the event of a dispute relating to an order for Products on the Website or to the application of these T&Cs, KAOKA and the Buyer shall endeavour to reach an amicable resolution, following a written complaint from the Buyer addressed to KAOKA’s Customer Service department by email or post to the address specified in Article 15 of these T&Cs.

14.3 If no amicable settlement is reached with KAOKA, the Buyer may, free of charge, refer the matter to the consumer ombudsman responsible for KAOKA, with a view to resolving the dispute amicably before any referral to a court, no later than one (1) year from the date of their written complaint to KAOKA, in accordance with the conditions set out in Articles L.612-1 et seq. and R.612-1 et seq. of the French Consumer Code.
To this end, the Buyer may contact the Centre de la Médiation de la Consommation des Conciliateurs de Justice (CM2C), either by post at the following address: 49 rue de Ponthieu – 75008 Paris, or by telephone: 01 89 47 00 14, or via the form provided for this purpose on the website http://www.cm2c.net.
All information relating to the CM2C is available by clicking on the following link: http://www.cm2c.net.

14.4 In the absence of an amicable agreement should mediation fail, any dispute relating to the formation, performance or termination of the order, or more generally to the performance of these GTC, shall be submitted to the competent French courts.

ARTICLE 15 – CUSTOMER SERVICE

For any complaints or queries regarding the Terms and Conditions, an order placed or the Products, the Buyer should contact KAOKA Customer Services:

Either via the “Contact” form available on the Website
Or by telephone: 04 90 66 55 55
Or by post to the following address:
KAOKA

CUSTOMER SERVICE (website)

340 rue Eugene Guerin

84200 CARPENTRAS