Legal

Terms and Conditions of Use

This web site, including any subsite accessible through the homepage, (hereinfater the "Site") is published and maintained by KODAMO (hereinafter "Kodamo").

Your right to use the Site and its Contents

This Site is only for your personal use. You may not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, Kodamo grants you a non-exclusive, non-transferable, limited right to enter, display and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

Ownership

All materials on this Site, including but not limited to audio, images, software, text and video clips (the "Content"), are protected by copyright under international conventions and copyright laws.

KODAMO and ESSENCEFM are registered trademarks, INPI deposits #4558527 and #4558579.

Legal Notice

Editor

The website kodamo.fr is edited by KODAMO, simplified joint stock company with a capital of 7800 Euros, registered under number -, whose VAT number -, and whose registered head office is located at 30 CHEMIN DE BORDEROUGE, APT A33, 31200 TOULOUSE, FRANCE. Email: contact@kodamo.org

Hosting service provider

The Website kodamo.fr is hosted by o2switch SARL, a company with a capital of 100,000 euros, registered under number 510 909 80700024 - RCS, whose registered head office is located at Clermont Ferrand.
Phone: +04 44 44 60 40
Contact: https://www.o2switch.fr/support-hebergeur/

Data Protection Act

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, by writing an email to contact@kodamo.org

General terms of sale

These General Terms of Sale (GTS) are concluded between the company KODAMO and by any person or entity (the Purchaser) wishing to make a purchase via the 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 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 PAYPAL society, by credit card or through Paypal Purchaser 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.

Guarantee:

All products supplied by KODAMO benefit from the legal guarantee against hidden or equivalent legal warranty defects provided by applicable law and, where applicable, the legal guarantee 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.

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.

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.
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 in France, despite multiple defendants or warranty.