General terms of use

The following general terms of use (GTU) are describing the terms and conditions in which, on one hand, Kodamo SAS (Kodamo) provides its users with the Kodamo website (the Website) and the services attached to it, and on the other hand, the means by which the user accesses the site and uses its services. Orders placed on the website by the users are submitted to general terms and conditions of sale, which can be read by clicking here. By browsing and use the Kodamo website at the following adress: Kodamo.org, you are agreeing to comply with and be bound by the general terms of use of the website.

Intellectual property

All content, design and structure of the Website are protected by intellectual property rights owned by Kodamo or its partners. Any representation and/or reproduction and/or partial or total use of all or part of the Website or its elements, by any means whatsoever without prior written permission of Kodamo is strictly prohibited. 'Kodamo', 'EssenceFM' are registered trademarks of Kodamo and/or its shareholders. Any representation and/or reproduction and/or partial or total use of these trademarks, of any kind, is prohibited.

Hyperlinks

This site may contain links to other sites on the Internet. By clicking these links, you will leave the Site. No prior authorization or request for information can be required by Kodamo if any website wants to establish a link to the Website. However, the Website must be displayed in a new browser window. Kodamo reserves the right to request removal of a link that is believed not consistent with the purpose the Website.

Responsability

The information and/or materials on the Website and/or accessible through the Website are coming from sources believed to be reliable. However, these information and/or documents may contain technical inaccuracies and typographical errors. Kodamo reserves the right to correct them as soon as they are brought to its attention. The information and/or materials on the Website are subject to change at any time, and may be updated. In particular, they may have been updated between the time they have been uploaded and when the user's knowledge. The use of information and/or documents available on the Website is under the sole and entire responsibility of the user, who assumes all consequences without Kodamo can be sought as such, and without appeal against it. Kodamo can in no event be held responsible for any damage of any kind arising out of the interpretation or the use of information and/or documents available on the Website.

Access to the site

Kodamo strives to provide access to the Website 7 days a week and 24 hours a day, except in case of force majeure or of an event beyond the control of Kodamo and subject to any breakdowns and maintenance operations necessary for the proper operation of the Website and its services. Therefore, Kodamo can not guarantee availability of the Website and/or services, transmission reliability and performance in terms of response time or quality. No technical assistance will be provided to the user either by electronic or telephonic means. The liability of the publisher is not engaged in an inability to access the Website and/or the services. Furthermore, Kodamo may have to discontinue the Website or any of the Services at any time without notice, all without entitlement to compensation. The user acknowledges and agrees that Kodamo is not liable for interruptions and the consequences that may result to the user or any third party.

General Terms of Use modification

Kodamo reserves the right to modify at any time and without notice, the General Terms of Use to adapt to changes in the Website and/or its operation.

Internet usage rules

The user agrees to the characteristics and limitations of the Internet, especially recognizes that: Kodamo assumes no liability for services accessed through the Internet and has no control of any form whatsoever about the nature and characteristics of any data transferred via its server center. The user acknowledges that the data circulating on the Internet are not protected especially against possible diversions. The presence of Kodamo logo establishes a rebuttable presumption of validity. The disclosure of any information deemed by the user sensitive or confidential is done at their own risk. The user is solely responsible for the use of the data he consults, questions and transfers on the Internet.

Law and Contact

In case of dispute, and failing amicable settlement between the user and Kodamo, exclusive jurisdiction is given to the competent courts of Paris, despite multiple defendants or warranty. For any question concerning these General Terms of Use of the Website, you may send a letter to Kodamo at the following address: KODAMO SASU, 22 rue de la ferronnerie, 81200 Mazamet, France


General terms of sale

These General Terms of Sale (GTS) are concluded between the company KODAMO SASU, simplified joint stock company with a capital of 7800 euros, registered with the Trade and Companies under number 854082088 RCS Castres, whose number EU VAT FR06854082088, whose registered office is located at KODAMO SASU, 22 rue de la ferronnerie, 81200 Mazamet, France (Kodamo) and secondly, by any person or entity (the Purchaser) wishing to make a purchase via website Kodamo (the Website).

Subject

The GTS are intended to define the contractual relationship between Kodamo and the Purchaser and conditions applicable to all purchases made through the Website, the Purchaser either professional or consumer. The acquisition of a good or service through the Website implies acceptance by the Purchaser of the GTS. These GTS prevail over any other general or special conditions not specifically approved by Kodamo. Kodamo reserves the right to modify these GTS at any time. The conditions applicable to any order are those in effect on the date of the order placed by the Purchaser.

Products characteristics

The products offered are those listed in the catalog published on the Website. These products are offered within the limits of available stocks. The pictures in the catalog are as accurate as possible but can not ensure a perfect similarity with the product, especially with regard to color.

Price

The prices listed on the Website are displayed both with and without value-added tax (VAT). Orders show final prices in euros taking into account the value-added tax (VAT) applicable on the date of the order; any rate change will be reflected in the price of products or services. Kodamo reserves the right to change prices at any time, except that the price listed on the Website the day of the order shall be the only one applicable to the Purchaser. Prices shown on the pages of the Website of the products do not include order processing costs, including the costs of transport and delivery. The total price of an order, including this order processing fees, will be indicated on the order confirmation page before payment. Order processing costs may vary depending on the area of delivery specified by the Purchaser.

Process controls

The Purchaser, who wishes to buy a product or service on the Website should: complete the identification sheet on which it will provide all the required information, fill out the online order by indicating the references of the products and/or selected services, validate the order after checking its contents, as well as information on billing and delivery provided, choose a payment method and confirm that it is willing to pay the order, and make payment as provided. Confirmation and payment of the order implies acceptance of the GTS, the recognition of having perfect knowledge of it, and waiver of its own conditions of purchase or other conditions. All the recorded supplied data confirmed valid will constitute proof of the transaction. Confirmation worth signing and acceptance of transactions. Kodamo will email confirmation of the recorded order.

Terms of payment on the Website

The price is due at the order. Payments on the Website are made through the payment module of STRIPE society, by credit card or by wire transfer to KODAMO's bank account.

Invoicing

Kodamo provides an invoice in the package delivered to the Purchaser. It is established according to the rates prevailing at the date of the placement of the order. Kodamo assumes no responsibility for data-input error.

Right of withdrawal

The Purchaser has a right of withdrawal exercisable within 14 days from the date of delivery of the order, or such other period lasting longer under applicable law. If the Purchaser wishes to exercise its right of withdrawal, Kodamo provides a downloadable withdrawal form here. Once completed, the withdrawal form must be sent to Kodamo in the conditions described in the "Returns" section below. The right of withdrawal may also be exercised by sending a letter to Kodamo on paper in which the Purchaser expresses clearly his desire to exercise his right of withdrawal and indicates the order reference number for which this right is exercised. If the Purchaser chooses to exercise his right of withdrawal, he will return the product or products within 14 days of the date on which he notified to Kodamo his willingness to recant, or other period lasting more than foreseen by the law. The Purchaser bears the cost of returning the products to Kodamo. Returns must be made to the address specified in the in the "Returns" section below. Kodamo guarantees repayment of returned goods provided that the products are returned in the same condition as when the Purchaser received them. Products must therefore not be damaged and all items must be returned. The refund will be the amount equivalent to the price of the order, including standard delivery charges but excluding the costs of returning the products incurred by the Purchaser. If the Purchaser chooses to keep certain products and to partially cancel the order, the standards shipping fee will not be refunded.

Warranty

All products supplied by Kodamo benefit from the legal warranty against hidden or equivalent legal warranty defects provided by applicable law and, where applicable, the legal warranty of non-compliance. If the product received by the Purchaser is defective or non-conforming, the Purchaser must promptly notify Kodamo and return the product to the address listed in the "Returns" section below. According to applicable legal requirements and the diagnosis by Kodamo on the returned product, Kodamo will repair, replace or refund. These provisions of the GTS do not limit in any way any legal law.

Preorders

Preorders and not cancellable nor refundable. The Purchaser can get a refund on its purchase if the product isn't available and shipped within 5 months after the order is paid.

Returns

All claims, requests for exchange or refund, should be sent to the following address: contact@kodamo.org Requests for the exercise by the Purchaser of the withdrawal right described in "Right of withdrawal" above may also be transmitted to Kodamo by e-mail at the following address: contact@kodamo.org

Responsibility of Kodamo

Nothing in the GTS shall exclude or limit the liability of Kodamo in relation to any matter for which it would be illegal for Kodamo to limit or exclude liability. Kodamo, in the process of sale on the Website, is bound only by an obligation of means. His liability can not be held liable for damages resulting from the use of the Internet such as data loss, hacking, viruses, break service, or other unintended problems. As part of the sales contract with the Purchaser framed by GTS, Kodamo shall not be liable for indirect damage suffered by the Purchaser, such as, for example, damages for loss of profits or opportunities . Furthermore, Kodamo can not be held liable for failure to deliver the goods or to satisfy any of its obligations under the Terms where such failure is due to an event reasonably beyond Kodamo control, including, but without this limitation, in the event of fire, flood, storm, riot, strike, civil unrest, war, nuclear accident or terrorist activity. The total liability of Kodamo to the Purchaser in respect of any loss or damage arising in connection with this contract shall be limited to the total price of the order of the Purchaser.

Intellectual property

The general structure of the Website Kodamo.org, as well as text, graphics, images, sounds and videos hosted on it, are protected by intellectual property rights which society Kodamo or its partners own. Any representation and/or reproduction and/or partial or total use of this site or its components, by any means whatsoever without the prior written consent of the company Kodamo is strictly prohibited.

Personal data

Pursuant to Law No. 78-17 of January 6th 1978 relating to data, files and liberties, the name information of Purchasers may be subject to automated processing. Kodamo reserves the right to collect information on purchasers including using cookies, and, if desired, to transmit to business partners collected information. Purchasers may object to the disclosure of their details by notifying Kodamo. Similarly, users have the right to access and correct all data concerning them, according to the law of January 6th, 1978.

Severability

The invalidity or unenforceability of any of the GTS clauses will not affect the application or validity of the other provisions of the GTS. This clause will be replaced with the closest possible arrangement.

Archiving / Proof

The registers of Kodamo will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Dispute resolution and applicable law

The GTS are subject to French law. In case of dispute, and failing amicable solution between the Purchaser and Kodamo, exclusive jurisdiction is given to the competent courts of Paris, despite multiple defendants or warranty.

Legal notice

Editor

The website kodamo.org is edited by KODAMO SAS, simplified joint stock company with a capital of 7800 euros, registered under number 854082088 RCS Castres, whose VAT number FR06854082088, and whose registered head office is located at 22 rue de la ferronnerie, 81200 Mazamet, FRANCE. Email: contact [at] kodamo [dot] org

Hosting service provider

The Website kodamo.org is hosted by o2switch, a limited liability company with a capital of 100,000 euros, registered under number 510909807 RCS Clermont-Ferrand, whose registered head office is located at CHE DES PARDIAUX 63000 CLERMONT-FERRAND. Tel: 04 44 44 60 40 Contact: https://faq.o2switch.fr/support/start.

Intellectual property

The general structure of the Website Kodamo.org, as well as text, graphics, images, sounds and videos hosted on it, are protected by intellectual property rights which society Kodamo or its partners own. Any representation and/or reproduction and/or partial or total use of this site or its components, by any means whatsoever without the prior written consent of the company Kodamo is strictly prohibited. 'Kodamo', 'EssenceFM', and 'Kodamo' are registered trademarks of Kodamo and/or its shareholders. Any representation and/or reproduction and/or partial or total use of these trademarks, of any kind, is prohibited.

Data Protection Act

Pursuant to Law No. 78-17 of January 6th 1978 relating to data, files and liberties, the processing implemented by the company Kodamo related to the operation of the Website Kodamo.org have been subjected preliminary formalities with the National Commission for Computing and Liberties (CNIL). In accordance with Articles 39 and following of the Act, any person may obtain and, if necessary, correct or delete information about it, with proof of identity and writing a letter to KODAMO SASU at the following address: KODAMO SASU, 22 rue de la ferronnerie, 81200 Mazamet, France