General conditions of sale
General conditions of sale
The purpose of these general terms and conditions (GTC) is to govern the sale of products and installation services offered by the company Kube Outdoor (hereinafter referred to as the Seller, Intra-Community VAT No. : FR32939977666) to any person having the status of consumer (hereinafter referred to as the Buyer, the Customer) who places an order with the Seller, in particular through the online store, accessible at the following address : https://www.kube-kuchen.com.
Access to the website is free. These general terms and conditions, along with the quote, plans, order form, and any special conditions, constitute the contractual documents binding on the parties. These general terms and conditions, as well as the information provided on the website, are written in French and are subject to French law, subject to the mandatory rules of the consumer's country of residence.
The applicable general terms and conditions are those in effect at the time of the order placed by the Buyer. They prevail over the Buyer's conditions unless formally accepted in writing by the Seller. Any contrary condition opposed by the Buyer will, therefore, in the absence of express acceptance, be unenforceable against the Seller, regardless of when it may have been brought to its attention. Any special conditions defined, where applicable, between the parties prevail over these general terms and conditions. The Seller reserves the right to modify these general terms and conditions at any time. However, the applicable GTC will always remain those in effect at the time of the order by the Customer.
These General Terms and Conditions are accessible and freely available on the Seller's website. They may be printed, saved, or communicated upon simple request by telephone, mail, or electronically. The Seller is responsible for storing and reproducing these General Terms and Conditions. The Customer consents to the information being transmitted to them on a durable medium other than paper.
The fact that the Seller does not avail himself at a given time of any of these general conditions of sale cannot be interpreted as a waiver of the right to avail himself of them at a later date. The possible invalidation or ineffectiveness of one of these clauses will only affect that clause, the other clauses of the general conditions of sale retaining their full effectiveness.
Information about the Seller
The products and services are marketed by the company Kube Outdoor, SAS with share capital of €10,000, registered with the Lille Trade and Companies Register under number 939977666, whose head office is located at 13 Carrière Dorée, 59310 Orchies, represented by its current manager.
Phone : 03 20 59 53 56
SCHEDULES : Monday to Friday from 9:00 a.m. to 6:30 p.m.
The Seller reserves the right to modify these hours and therefore invites you to refer to the hours indicated on the website for any complaints or contact.
No hotline is provided on Sundays and public holidays.
Email: contact@kube-kuchen.fr
Customer service is available in case of difficulties or for any requests for information during the above-mentioned hours.
The website www.kube-kuchen.com is managed and operated by the company Kube Outdoor.
Site editor :
KUBE OUTDOOR, SAS with share capital of €10,000, registered with the Lille Trade and Companies Register under number 939977666 whose head office is located at 13 carrière dorée, 59310 Orchies represented by its current manager.
E-mail : contact@kube-kitchen.fr
Article 1.Scope / Definitions
Sales of products and services offered by the Seller are governed by these General Terms and Conditions, unless otherwise agreed in writing. The only language offered for the conclusion of the contract is French.
Sales offers are reserved for consumers for deliveries (and possible installation services) in mainland France exclusively.
It is understood by " consumer ", any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity.
Article 2. Declarations : legal capacity and good faith
The Client declares and certifies that he or she is at least 18 years old, has full legal capacity and has the authorizations required for the purposes hereof.
Article 3. Acceptance of the T&Cs
The Customer declares to have read and duly accepted the entire content of these General Terms and Conditions, as well as all the rights and obligations arising therefrom by ticking a box provided for this purpose (or by signing these General Terms and Conditions), before placing his order / request for an appointment. Validation of the order / request for an appointment implies for the Customer acceptance of the conditions of sale and, where applicable, of service, of the Seller, the recognition of having full knowledge of them and the waiver of relying on his own conditions, in particular of purchase.
Article 4. Access to the online store and registration procedures
To be able to order the products, and where applicable the services offered by the Seller, the Customer must have the capacity to contract.
The Customer must register on the Seller's website. To do this, they must click on the link " log in " Then " create my account ", complete the account creation form by providing accurate information and then confirm your registration. An email verifying the Customer's email address will then be sent to them. The Customer will then need to click on the verification link to finalize the creation of their account. An account creation confirmation email will then be sent to them.
The username and password allowing access to the site are confidential and must not be disclosed. The Customer is solely responsible for their username and password, and is therefore solely responsible for all actions performed in their name.
Registration on the merchant site is free and can be terminated at any time by making this request to the Seller directly via the website or by email, telephone or post, using the contact details provided above.
In the event of communication of false data, or in the event of non-compliance with the conditions of use of the site or the general conditions, the Seller reserves the right to close the Customer's account, without any prior notice.
The Customer remains liable for payment of orders placed before the closure of his account.
The Seller reserves the right, in order to combat possible fraudulent acts, to verify the identity of any customer. This verification may impact any pending transaction.
Article 5. Products and Services
5.1 Contractual products – authorizations
The products offered for sale are subject to a detailed description.The Customer declares to have taken note of the essential characteristics of the products by consulting the pre-contractual information provided by the Seller, by means of the online catalog, accessible on the Seller's website and considers himself to be fully informed.
It is also the Customer's responsibility to read the Seller's recommendations.
The photographs of the products, accompanying their description, reproduce the products offered to the Customer. However, the Customer acknowledges and accepts that minimal variations in the representation of the items may occur, and that these do not engage the responsibility of the Seller and do not affect the validity of the sale.
The products and services comply with the requirements of current French law.
The Customer is solely responsible for his purchases and, where applicable, his installations and the appropriateness of his investment.
It is recalled that the installation of a summer kitchen requires, in particular depending on its surface area, several formalities and administrative authorizations (prior declaration of works / building permit, etc.). The requests to be made differ depending on the location of the accommodation concerned, and the planned installation. It is the Customer's responsibility to inform themselves, to contact the competent services to understand their rights and obligations and to carry out all the necessary formalities, under their sole responsibility. By placing an order, the Customer declares and acknowledges that he contacted the services of the town hall concerned by the project in order to find out about the project and know the details necessary for its implementation.
The formalities and costs relating to these procedures are the exclusive responsibility of the Client.
The Customer must ensure that the environment in which they wish to install their summer kitchen is compatible with this installation. More generally, they must inquire before purchasing and installing such installations.
The Customer shall be solely responsible for carrying out all necessary installations if the Seller fails to install the products. The Seller declines, where applicable, any liability relating to the installation of the products sold.
The Customer is required to contact their insurer and take out insurance appropriate to their installation.
Spare parts
Spare parts essential to the use of the goods are available in the same condition for the periods mentioned in the instructions provided.
5.2 Installation services offered by the Seller
Kube Outdoor outdoor kitchens are delivered in multiple packages. The packages contain the assembled furniture, appliances, accessories listed in the quote, and an assembly guide.
The Seller also offers, as an option, an installation service for Kube Outdoor products sold by it, to the exclusion of any other service. The Customer has the option of selecting this option directly via the Seller's website or contacting the Seller directly, using the contact details provided above, for the purpose of obtaining a quote.
This service, not included in the purchase cost of the products, is optional and is subject to additional invoicing, according to the current pricing communicated to the Customer.
In the event that the Customer wishes to call upon the Seller to install the products sold, the Customer certifies and guarantees that all information transmitted to the Seller are correct and valid and that he has all necessary rights, powers and authorities to enter into this contract.The Customer undertakes to comply with all applicable standards, laws, and regulations. It is specified that the Seller reserves the right to use a subcontractor to carry out this installation service, which the Customer expressly acknowledges and accepts.
Interruption or delay of the service caused by the Client (example : delay in the due diligence incumbent upon it, in the communication of information and documents necessary for the performance of the services, in the payment of the service, etc.), or caused by a case of force majeure, fortuitous event, or by a circumstance external to the Seller, will delay the delivery times communicated to the Customer by the same amount, without this being considered a fault of the Seller.
The Customer's attention is drawn to the fact that the Seller's intervention and its cost only cover the services mentioned in the contract, to the exclusion of any other, which the Customer expressly acknowledges and accepts.
By way of non-exhaustive list, the following services are not the responsibility of the Seller, which the Customer expressly acknowledges and accepts: :
- Work relating to the arrival of electricity and water (the Seller's Installer is responsible for connecting the various devices to water and electricity, it being specified that if the technical plan provided by the Seller is not respected, the Seller reserves the right not to proceed with said connection).
- OTHERS ?
More generally, other procedures and services not provided for in the contract (as well as the formalities and costs relating to these procedures) are the exclusive responsibility of the Client.
It is also the Customer's responsibility to ensure, prior to placing an order, that :
(To be completed)
Article 6. Prices
The products are supplied at the current prices. The Seller reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in effect on the day of the order.
Prices are expressed in euros, all taxes included (including VAT in the event of application of European Union VAT rules), at the legal rate in force, excluding any additional delivery, transport and, where applicable, installation costs, which remain the sole responsibility of the Customer.
These prices do not include costs associated with the sale of the products, which will be subject, where applicable, to additional invoicing.
Any additional costs for transport, delivery and, where applicable, installation, which the Customer may have been aware of before confirming their order, are set out on the order form and invoiced as an additional charge. Unless expressly agreed otherwise in advance, these costs are the responsibility of the Customer and depend on their choice of service and the delivery location.
Concerning the sole sale of household appliances offered by the Seller through its website : delivery costs will, in any event, be invoiced by the Seller in addition to the sale price of the products. The details of the delivery costs will be mentioned on the order form, before validation by the Customer. The Customer is invited to read these costs and delivery times in the section " delivery » of the site.
Concerning the sale of Kube Outdoor kitchens: the delivery of the products may be invoiced to the Customer depending on the place of delivery, in particular in the following cases:
- Delivery to Corsica or another island in Metropolitan France
- Delivery to city center
- Delivery to be made to one floor
- Delivery to be made in mountainous areas
- Etc.
The details of the delivery costs will be mentioned in the quote, before validation by the Customer.
The prices of the goods are also understood, and in any event, to be exclusive of customs fees and duties and/or taxes/levies due in application of French, European, Community, international regulations, regulations of the importing country and of a transit country.
Any tax, duty, duty (including customs, import duty, etc.), formalities, carrier administration fees (including customs fees) or other sums payable under French, European, Community, international regulations or those of an importing country and/or a transit country are the sole responsibility of the Customer and must be paid, in addition to the sale price, by the Customer to the competent authorities and/or directly to the carrier (including in the event of advance payment of these costs by the latter). Costs that cannot be calculated in advance are payable, which the Customer expressly acknowledges and accepts.
The Customer undertakes to check with the competent authorities, prior to placing an order, the possibilities, formalities and cost of any taxes, duties and customs fees relating to the importation of the product into the country of delivery. These duties, formalities and sums, which cannot under any circumstances be attributed to the Seller, are the sole responsibility and liability of the Customer. The Seller declines all liability in this regard.
It is nevertheless specified that to date, deliveries are only guaranteed in mainland France.
The Customer will be responsible for any bank charges invoiced by their bank in connection with the order.
Discounts, rebates, or rebates may be granted to the Customer. These will be subject to specific conditions.
Article 7. Order
The order specifies in particular the quantity, type, references of the products – and, where applicable, services – sold as well as the agreed price, payment conditions, place and delivery times, and, where applicable, the performance of the product installation service.
7.1. Ordering a Kube Outdoor kitchen
To place an order, the Customer must first request a telephone appointment by following the following process: :
1. Log in to the online store ;
2. Select the desired products and quantities ;
OR : In the case of designing a custom kitchen, complete the detailed questionnaire in the “ custom made » of the site ;
3. If applicable, select the option “ installation service » if you want the Seller (or his partner) to carry out the installation of the products sold himself ;
4. Validate the general conditions of sale and the confidentiality policy ;
5. Click on the button " Validate your basket ".
Validating this shopping cart does not constitute a contract, but rather a request for a telephone appointment with a Kube Outdoor advisor to confirm the order or modify it based on any technical parameters identified during the interview. No payment is required at this stage.
2 options are available to be called or contact us:
1/ Schedule a call: communicate your availability preferences to be called back by one of our advisors.
2/Contact us directly on the days and times indicated on our dedicated line at
03 20 59 53 56 (Monday to Friday from 9 a.m. to 12:30 p.m. and from 2 p.m. to 5:30 p.m.) or on contact@kube-kichen.fr
5. Telephone appointment and request for information by the Seller ;
6. Sending, by the Customer, of the information requested by the Seller ;
In the event that the Customer has selected the installation service offered by the Seller : This request for information will be completed, after agreement in principle from the Client, by a measurement by the Seller ;
7. A quote detailing your order will, if applicable, be sent to you by email by the Seller. ;
Unless otherwise specified or otherwise provided herein, the quote submitted by the Seller is valid for 30 days from the date of its establishment. It only includes the products and services described therein. If the Customer fails to validate the order within this period, the Seller will no longer be bound by this offer. A new offer may, if necessary, be established – it being understood that the conditions – particularly pricing, may differ from the first offer issued.
8. Check the order summary (including order details, measurements, and total price) ;
9. If you wish to modify the order, contact the Seller so that another quote can be established. ;
10. If agreed, return the signed quote, plans and T&Cs to the Seller ;
11. Pay for the order by transfer or SEPA direct debit.
An order confirmation will be sent to the Customer.
Orders are only final when the Seller acknowledges receipt of validation of the order by the Customer.
The order will only be processed after receipt of payment by the Seller.
7.2. Ordering only equipment available for sale online (excluding any purchase of a Kube Outdoor kitchen)
The customer's acceptance of the offer is validated, in accordance with the double-click process, by confirmation of the order.
To order equipment available for sale online, the Customer must:
1. Log in to the online store ;
2. Select the desired products and quantities ;
4. Click on the button " Validate your basket » ;
5. Log in (if you have not already done so). If you do not register in advance, the Client's account will be automatically created in
completing the requested information ;
6. Indicate the address to which the goods will be delivered (contact details must be precise and complete) ;
7. Select the delivery method, if applicable ;
8. Check the order summary (including order details and total price) ;
9. If necessary, modify the order or correct any errors ;
10. Validate the general conditions of sale and the confidentiality policy ;
11. Click on the button " order » By clicking on this button, the Customer accepts the privacy policy, confirms the order of the goods contained in his virtual basket and accepts the price and description of the products contained in the basket. The Customer's attention is drawn to the fact that clicking on this button commits him to pay the sums due to the Seller
12. Proceed to pay for your order according to the instructions and terms indicated on the site.
An order confirmation and these General Terms and Conditions will be sent to the email address provided by the Customer.
Orders are only final when the Seller acknowledges receipt of the order online.
The order will only be processed after receipt of payment by the Seller.
7.3. Common provisions
The Customer agrees to keep a summary of their order, which attests to their order. Purchase orders and invoices must be archived and may be produced as proof of the contract.
Unless otherwise agreed, confirmation of the order implies for the Customer acceptance of the prices, descriptions of the products (and any services), the Seller's conditions and recognition of having full knowledge of them. The benefit of the order is personal to the Customer and cannot be transferred to a third party without the Seller's agreement. Orders sent to the Seller are irrevocable for the Customer, unless accepted in writing by the Seller (and except, in certain cases, exercise of the right of withdrawal, see article 20). Any modification to an order placed by the Customer must be expressly accepted by the Seller.
The Customer's attention is drawn to the fact that no right of withdrawal is granted to him. In the event of cancellation of the sale, and/or the service, not expressly accepted by the Seller, and except in the case of exercising the right of withdrawal, when applicable, the Seller reserves the right to request the forced execution of the sale and/or the service, and/or the award of fair damages.
The Seller reserves the right to refuse any order for legitimate reasons and in particular in the event that the quantities ordered are abnormally high.
In the event that the Customer places an order with the Seller without having paid for the previous order(s), or with whom there is an ongoing payment dispute, the Seller shall have the right to refuse to honor the order, to deliver the goods concerned and to carry out any installation service ordered, without the Customer being able to claim any compensation, for any reason whatsoever.
In accordance with the terms of Article L223-2 of the Consumer Code, the Customer who has provided their telephone contact details is advised that they have the right to register on the telephone canvassing opt-out list.
Article 8. Payment
8.1. Concerning kitchens Kube Outdoor
Unless expressly agreed otherwise, the sale price – and, where applicable, that of the installation service – is/are immediately payable.The amounts due to the Seller are payable in cash, in full and in one go, on the day the order is placed by the Customer.
Payment must be made on the same day the order is placed using a SEPA direct debit form or by bank transfer to the Seller's bank account, using the details provided by email. The Customer must provide their name and order number when paying.
8.2. Concerning the order of equipment available for sale online (apart from any purchase of a kitchen Kube Outdoor)
Unless expressly agreed otherwise, the sale price is payable in cash, in full and in one go, when the order is placed by the Customer, directly on the Seller's online website.
Payments can only be made by bank card (Carte Bleue, Visa, Mastercard) / Eurocard) via the banking server of the Seller's bank.
The Customer guarantees to the Seller that he has the necessary authorizations to pay for orders using his payment method.
Payment by credit card is secured by an encryption system.
No financial data is stored by the site, unless expressly agreed otherwise by the Client.
8.3. Common provisions
The Customer guarantees to the Seller that he has the necessary authorizations to pay for orders using these payment methods.
In the event that payment is refused or found to be irregular, the order will be automatically cancelled. The Customer will be notified by email and will be responsible for any resulting costs, if applicable.
The Seller does not bear the costs associated with payments from third countries.
The order will only be processed after receipt of payment by the Seller. The Seller is only required to manufacture and then deliver the products/services ordered once its banking institution has confirmed full payment of the amounts owed by the Customer..
The time taken to transfer funds will delay the delivery and/or service time indicated on the order form, without this being considered a fault of the Seller.
If the funds are not received within 14 days of the Seller receiving the order request, the Seller reserves the right to cancel the order, at the sole fault of the Buyer. In the event of termination of the contract, the Seller is therefore no longer obliged to manufacture and deliver the ordered goods.
Each payment is only considered final after actual and complete collection of the sums by the Seller.
Under no circumstances may payments be suspended or subject to any compensation without the prior written consent of the Seller. The Customer agrees to receive his invoice exclusively in electronic form. The Seller reserves the right, at any time, depending on the risks incurred, to set a ceiling on the overdraft of each Customer and to require certain payment deadlines or certain guarantees.
Article 9. Archiving and proof
The computerized records, stored securely in the Seller's computer systems, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
In accordance with Articles L.213-1, D.213-1 and D.213-2 of the Consumer Code, when the contract is concluded electronically with a non-professional and concerns a sum equal to or greater than €120, the Seller ensures the retention of the document which records it for a period of 10 years from the conclusion of the contract until the date of delivery of the goods or the performance of the service, and for a period of ten years from this date, and guarantees access to it at any time to the Buyer if the latter requests it, by any means.
Article 10. Obligation to collaborate
The Customer has an obligation of collaboration and cooperation. It will provide the Seller with all requested information, in the requested format, and accurately. In particular, it undertakes to exercise diligence and precision in the measurements communicated (in millimeters) to the Seller. It will provide the Seller with the documents necessary for the proper execution of the contract, and in particular the photographs of the installation site requested, where applicable, by the latter. The Customer is advised that any delay in communicating useful documents and/or information to the Seller will delay the deadlines communicated to the Customer, without this being considered a fault of the Seller. The Customer attests and guarantees that all information transmitted to the Seller are correct and valid. The Seller cannot be held responsible for the communication of erroneous information by the Customer.
Article 11. Manufacture of products – stock
The Seller will respond to orders in the order in which they are received and subject to availability. It is specified that Kube Outdoor products are manufactured to order. Orders are therefore subject to the vagaries of the product manufacturing conditions, which the Customer expressly acknowledges and accepts.
Manufacturing times vary, depending on the model selected, between 5 and 8 weeks from receipt by the Seller of payment of the amounts owed by the Customer.
Additional time is required for custom installations. The delivery time will be communicated to the customer before confirming their order.
The Customer can track the status of their order directly from their customer area.
In order to ensure continuity of supply, the Seller reserves the right to refuse to honor abnormally large orders, in particular if the frequency and/or quantity of products requested are too high.
Concerning the sale of household appliances only through the Seller's website (apart from any purchase of a Kube Outdoor kitchen):
These products are delivered within the limits of available stocks. The Seller will respond to orders in the order in which they are received and subject to availability. The Customer will be immediately informed by the Seller, by any means at its convenience, of the unavailability of the product ordered.
In the event of unavailability of the product, and in the event that the Customer has already paid, the Seller may offer the Customer a product of equivalent quality and price or cancel the order, at the customer's choice. In the event of cancellation of the order, the Seller will refund the sums paid for this product within 14 days following the cancellation of the order. In the absence of any agreement to the contrary, this refund will be made by bank transfer. The remainder of the Customer's order remains firm and final.
Article 12. Delivery-receipt
12.1 Delivery terms
Deliveries can only be made in mainland France.
The products are delivered to the address indicated by the Customer, where applicable according to the mode of transport selected and under the chosen conditions.
By placing an order, the Customer declares that they have ensured that the access conditions to the delivery location (and to the room in which the Customer wishes to be delivered) are satisfactory and allow the delivery person to proceed with the delivery. It is indeed reminded that the products are delivered assembled, so the Customer undertakes to ensure that their passage will be made possible by the delivery person, in particular in elevators, stairwells, etc. Failing this, the products will be left on the road.
Once the order has been entrusted to the carrier, the latter will contact the Customer to determine together the desired delivery date (Monday to Friday) and time slot. The date and day of delivery can be modified by the Customer up to the day before the scheduled delivery date. After this period, no changes can be taken into consideration.
The Customer will receive confirmation of the delivery person's visit the day before delivery.
The Seller is authorized to make deliveries in whole or in part. Packages will be delivered to the Customer upon presentation of an identity document and against signature, or to any person authorized by the Customer (upon presentation of a power of attorney, an identity document of the agent and an identity document of the Customer). The Customer, or his agent, will be given a delivery slip delivery, which must be signed, if necessary, by them after checking the packages.
In the event that the Customer does not take possession of the products or is absent, the shipping costs relating, where applicable, to the reshipment – by the carrier – of the product to the Seller, and to the new dispatch of the order will be invoiced to the Customer, even if the Customer had benefited from free shipping costs when placing his order. Delivery will then have to be rescheduled with the carrier.
In addition, the Client will be charged a childcare fee of €150 including tax per day.
Any package returned to the Seller due to an incorrect or incomplete address will be reshipped at the Customer's expense.
Delivery times : Delivery times are mentioned when the order is placed by the Customer.
When the ordered product is not delivered on the date or at the end of the period mentioned in the order (on the order form/invoice), the Customer, having the status of consumer, may, after having unsuccessfully enjoined the Seller to fulfill its delivery obligation within a reasonable additional period, terminate the contract by registered letter with acknowledgement of receipt or by writing on another durable medium. The contract is considered terminated upon receipt by the Seller of the letter or writing informing it of this termination, unless it has been performed in the meantime.
However, the Seller declines all responsibility in the event of delays in delivery caused by fortuitous events or force majeure, by the actions of a third party or the Customer.
When the Seller is prevented from performing the contract due to the occurrence of a case of force majeure, an unforeseeable event as defined by French case law or an external cause, in particular a fault attributable to the Customer, the delivery time mentioned on the order form is automatically extended according to the duration of the impediment.
12.2 Terms of reception
The Customer, or his agent, undertakes to check the conformity of the products to the order upon receipt.
It is the responsibility of the Customer, or his agent, to check the condition of the delivered product and, in the event of an anomaly concerning the delivery (apparent defect, damage, damaged package, missing products or non-conformity of the delivered goods with the product ordered or with the shipping or delivery slip, etc.) to issue reservations on the delivery note or on the transport receipt, and possibly to refuse the product, and to notify the Seller by registered letter with acknowledgment of receipt within 72 hours following the arrival of the goods.
This verification is considered to have been carried out as soon as the Customer, or a person authorized by him, has signed the delivery slip or taken possession of the products without reservation.
In the event of reservations, it will be the Customer's responsibility to provide all justification as to the reality of the anomalies noted. He must give the Seller every facility to note these defects and to remedy them. He will refrain from intervening himself or involving a third party for this purpose.
Article 13. Return
Except for the warranty cases listed below (and where applicable, excluding the exercise of the right of withdrawal when applicable), no product returns are accepted. Any product return must be subject to a formal agreement between the Seller and the Customer. In the event of non-compliance, the return costs are borne by the Seller. In all other cases, the costs of returning the goods remain the responsibility of the Customer.
In the event of a return, the Customer shall return the item(s) concerned in their original packaging, complete and intact, accompanied by any accessories and documentation, and in perfect condition to the Seller's head office, the address of which is indicated on the order form.
In the event of a complaint, photographs, videos, and handwritten certificates may be requested by the After-Sales Service.
Article 14. Transfer of ownership and risks
The transfer of ownership of the products to the Customer will only take place after the latter has actually paid the full price, including principal, interest and accessories. The Customer must, until full payment, ensure the proper conservation of these products and assume the risks.
Payment is considered effective after confirmation, by the Seller's banking institution, of the correct collection of the invoice amount.
Notwithstanding the retention of title clause, the transfer of risks occurs at the time when the Customer, or a third party designated by him, takes physical possession of these goods.
Article 15. Insurance
The Seller declares to have taken out an insurance policy (civil liability insurance) with the company :
Bee P&C & Health
Head office: 13 rue du Moulin Bailly
92271 Bois-Colombes Cedex
Geographic coverage : Metropolitan France
Proof of insurance will be provided upon request.
Article 16. Installation of products
16.1. Installation by the Customer
The Customer's attention is strongly drawn to the fact that if he or she does not opt for the additional service of installing the contractual products offered by the Seller, the latter will not proceed with the installation of the products.
The Customer shall be solely responsible for carrying out, under his sole responsibility and at his own risk, all necessary installations.
The Customer undertakes to install the products in accordance with the instructions specified by the Seller. In particular, the Customer must read and comply with the installation plan provided by the Seller.This technical plan must be transmitted by the Client to the service providers that he may call upon, if necessary (to prepare the installation of the kitchen, install the products, etc.), so that the installation environment is consistent with the product that will be installed.
The Seller declines all responsibility relating to the installation of the products sold and their lack of effectiveness in the event of non-compliant installation.
16.2. Installation by the Seller
In the event that the Customer calls upon the Seller for the installation of the contractual products (optional service, subject to additional invoicing), he undertakes to comply with the following obligations :
16.2.1. Terms of execution
The Client undertakes to enable the Seller to carry out its mission in accordance with the rules of the art and to do nothing that could hinder it in any way. In order to facilitate the proper execution of the services, the Client will provide the Seller with the necessary documents within a reasonable timeframe and will keep at its disposal all information that could contribute to the proper completion of the mission entrusted to it. The Client is advised that any delay in communicating useful documents and/or information to the Seller will delay the deadlines communicated to the Client accordingly, without this being considered a fault of the Seller. The Client certifies and guarantees that all information transmitted to the Seller are correct and valid.
The Customer has an obligation of collaboration and cooperation. In particular, they must read and comply with the installation plan provided by the Seller. This technical plan must be forwarded, where applicable, to the service providers they use to prepare the kitchen installation (electrician, plumber, etc.), so that the installation environment is consistent with the product to be installed.
The Client shall ensure its availability, cooperation and access to the site for the Seller and its personnel, or its subcontractors, for the proper performance of the contract. In particular, it undertakes to adopt all necessary measures to ensure the safety of the workers and to provide them with a water point and a power supply free of charge. It shall ensure that the workers have sufficient space to take measurements, install and store all equipment and devices necessary for the intervention.
Interruption or delay of work caused by the Client (example : delay in the communication of information and documents necessary for the execution of the services, in the payment, interruptions of intervention attributable to the Client, etc.), or caused by a case of force majeure, fortuitous event, or by a circumstance external to the Seller, will delay the execution deadline by the same amount, without this being considered as a fault of the Seller.
The Customer undertakes to inform the Seller of any non-conformity of the work as it is completed. The Seller has the option to subcontract all or part of the service, which the Customer expressly acknowledges and accepts.
16.2.2. Reception
The completion of the installation service will be recorded in a work acceptance report. The work will be accepted according to the terms and conditions set by the parties. In the absence of reservations, or in the event of tacit acceptance, the Client is deemed to have accepted the acceptance of the work without reservation. Refusal of acceptance may only be justified by the incompleteness of the work or its non-compliance due to the existence of defects.The Seller may apply to the court for acceptance to be declared if the Customer does not accept the work.
Complaints regarding apparent defects or apparent lack of conformity of the work delivered must be made by the Client as the services are being carried out and at the latest upon receipt of the services.
It will be the Customer's responsibility to provide any justification as to the reality of the defects or anomalies noted. He must give the Seller every facility to note these defects and to remedy them. He will refrain from intervening himself or involving a third party for this purpose.
Article 17. Product Warranties
17.1. Legal guarantees
The Customer who concludes the sales contract as a consumer benefits from the legal guarantees (guarantee of conformity of the products to the contract under the conditions of articles L.217-4 et seq. of the Consumer Code and guarantee of hidden defects of the thing sold under the conditions provided for in articles 1641 et seq. of the Civil Code) provided for by the legislation in force.
Mandatory information :
Article 1641 of the Civil Code " The Seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the Buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. ".
Article 1642 of the Civil Code " The seller is not liable for apparent defects of which the buyer has been able to convince himself ".
Article 1643 of the Civil Code " He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee. ".
Article 1644 of the Civil Code " In the case of articles 1641 And 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded. ".
Article 1645 of the Civil Code " If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received, for all damages and interest to the buyer. ".
Article 1646 of the Civil Code " If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale. ".
Article 1647 of the Civil Code " If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensation explained in the two preceding articles. But the loss occurring by fortuitous event will be for the account of the buyer. ".
Article 1648 of the Civil Code, paragraph 1 " The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. ".
Article L. 217-3 of the Consumer Code : " The seller delivers goods that comply with the contract and the criteria set out in Article L. 217-5. It is liable for defects of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of delivery. In the case of a contract for the sale of goods containing digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for any lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods;
2° Where the contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the seller shall be liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is supplied under the contract.
For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19. The seller is also liable, during the same deadlines, for defects in conformity resulting from the packaging, assembly instructions, or installation when this has been placed at his expense by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller. This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day on which the latter becomes aware of the lack of conformity. ".
Article 2224 of the Civil Code : " Personal or movable actions are subject to a limitation period by five years from the day on which the holder of a right knew or should have known the facts enabling him to exercise it ".
Article L. 217-4 of the Consumer Code : " The property complies with the contract if it meets, in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° It is updated in accordance with the contract ".
Article L. 217-5 of the Consumer Code " I.-In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria: 1° It is suitable for the use normally expected of a good of the same type, taking into account, where applicable, any provisions of European Union and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; 2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract; 3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise; 4° Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect; 5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19; 6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.
II. However, the seller is not bound by any public statements referred to in the preceding paragraph if he demonstrates: 1° That he was not aware of them and was not legitimately in a position to be aware of them; 2° That at the time of the conclusion of the contract, the public statements had been rectified under conditions comparable to the initial statements; or 3° That the public statements could not have had an influence on the purchasing decision. III. The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he was specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when concluding the contract ".
Article L217-6 of the Consumer Code " When, during the contract, personal data is processed by the professional, a failure on his part to fulfil his obligations under Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, provided that this failure results in non-compliance with one or more of the compliance criteria set out in this section, is considered a lack of conformity, without prejudice to other remedies provided for by these texts. ".
Article L217-7 of the Consumer Code " Any lack of conformity that appears within twenty-four months of delivery of the goods, including goods containing digital elements, shall, unless proven otherwise, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the alleged defect. For second-hand goods, this period is set at twelve months.Where the contract for the sale of a good containing digital elements provides for the continuous supply of digital content or a digital service, defects of conformity which appear: 1° During a period of two years from the delivery of the good, where the contract provides for this supply for a period of less than or equal to two years or where the contract does not determine the duration of supply; 2° During the period during which the digital content or the digital service is provided under the contract, where the contract provides for this supply for a period exceeding two years ".
Article L217-8 of the Consumer Code " In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or to terminate the contract, under the conditions set out in this subsection. The consumer also has the right to suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled his obligations under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code. The provisions of this chapter are without prejudice to the award of damages. ".
Article L217-9 of the Consumer Code " The consumer is entitled to demand that the goods be brought into conformity with the criteria set out in subsection 1 of this section. The consumer requests that the seller bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller ".
Article L217-10 of the Consumer Code " The goods shall be brought into conformity within a reasonable period of time which may not exceed thirty days following the consumer's request and without major inconvenience to the consumer, taking into account the nature of the goods and the intended use by the consumer. The repair or replacement of non-compliant goods includes, where applicable, the removal and return of the goods and the installation of the repaired or replacement goods by the seller. A decree shall specify the terms and conditions for bringing the goods into conformity. ".
Article L217-11 of the Consumer Code " The conformity of the good takes place at no cost to the consumer. The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement. ".
Article L217-12 of the Consumer Code " The seller may not proceed according to the consumer's choice if the requested compliance is impossible or entails disproportionate costs, particularly with regard to: 1° The value that the good would have in the absence of a lack of conformity; 2° The significance of the lack of conformity; and 3° The possible possibility of opting for the other choice without major inconvenience for the consumer. The seller may refuse to bring the good into conformity if this is impossible or entails disproportionate costs, particularly with regard to 1° and 2°. When these conditions are not met, the consumer may, after formal notice, pursue specific performance of the initially requested solution, in accordance with Articles 1221 et seq. of the Civil Code. Any refusal by the seller to proceed according to the consumer's choice or to bring the good into conformity must be justified in writing or on a durable medium. ".
Article L217-13 of the Consumer Code " Any good repaired under the legal guarantee of conformity benefits from a six-month extension of this guarantee. If the consumer chooses to have the repair carried out but it is not carried out by the seller, the replacement of the good will bring the legal guarantee of conformity attached to the replaced good into effect for the consumer. This provision applies from the day the replacement good is delivered to the consumer.
Article L217-14 of the Consumer Code The consumer is entitled to a reduction in the price of the good or to the termination of the contract in the following cases: 1° When the professional refuses any compliance; 2° When compliance occurs after a period of thirty days following the consumer's request or if it causes him major inconvenience; 3° If the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the installation of the repaired or replacement good or the related costs; 4° When the non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity. The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. The consumer is then not required to request the repair or replacement of the good beforehand. The consumer is not entitled to the termination of the sale if the lack of conformity is minor, which it is the seller's responsibility to demonstrate. This paragraph does not apply to contracts in which the consumer does not pay a price.
Article L217-15 of the Consumer Code : " In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the good. The price reduction is proportional to the difference between the value of the good delivered and the value of this good in the absence of the lack of conformity. ".
Article L217-16 of the Consumer Code : " In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to terminate the contract. He returns the goods to the seller at the latter's expense. The seller reimburses the consumer for the price paid and returns any other benefit received under the contract. If the lack of conformity only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all the goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the conforming goods. For the contracts mentioned in II of Article L. 217-1, providing for the sale of goods and, as an ancillary measure, the provision of services not covered by this chapter, the consumer has the right to terminate the entire contract. Furthermore, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to terminate all contracts relating thereto. The respective obligations of the parties to the contract, referred to in Article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, are applicable to the termination of the contract for the sale of goods containing digital elements. ".
Article L217-17 of the Consumer Code : " Reimbursement to the consumer of the amounts owed by the seller under this subsection shall be made upon receipt of the goods or proof of their return by the consumer and at the latest within fourteen days thereafter. The seller shall reimburse these amounts using the same means of payment as that used by the consumer when concluding the contract, unless expressly agreed otherwise by the latter and in any event without additional costs. ".
| The Customer (having the status of consumer) benefits from a legal guarantee of conformity for a period of two years from delivery of the goods (article L. 217-3 of the consumer code). This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day on which the latter becomes aware of the lack of conformity. In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement, subject to the cost conditions provided for in Article L 217-12 of the Consumer Code, or, failing that, to a reduction in the price or termination of the contract, under the conditions set out in Article 217-14 of the Consumer Code. The consumer also has the right to suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled his obligations under the legal guarantee of conformity, under the conditions of Articles 1219 and 1220 of the Civil Code. Unless this presumption is incompatible with the nature of the goods or the alleged defect, the consumer is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods except for second-hand goods, for which this exemption is valid for twelve months (article L.217-7 of the consumer code). The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. The buyer benefits from a period of two years from the discovery of the defect to implement the legal guarantee against hidden defects. The duration of this guarantee is limited to 20 years from the date of purchase. To implement the legal guarantee of non-conformity or hidden defect, the Buyer must send any complaint to the Seller at the following address: : Mailing address : 13 golden quarry, 59310 Orchies Email address : contact@kube-kuchen.fr Phone number : 03 20 59 53 56 Telephone hours : Monday to Friday from 9:00 a.m. to 5:30 p.m. No hotline is provided on Sundays and public holidays. Legal guarantees apply independently of the commercial guarantee. |
For any claim, the consumer must present the paid purchase invoice and any supporting documents. Products covered by the guarantees must, where applicable, be returned complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.
If the product meets the warranty conditions, the Seller will cover the return costs.
17.2.Manufacturer's warranties
Some products may benefit from a manufacturer's warranty under the conditions indicated in the product sheet.
Commercial guarantees relating to products are therefore directly linked to the manufacturer of these products.
The Customer should refer to the relevant notices. The Customer can consult the product description sheet on the website, and click on the link to the supplier's website for more information.
Presentation of the paid purchase invoice will be required when the warranty is invoked.
If the paid purchase invoice is not presented, the manufacturer's warranty will not apply.
Kube Outdoor brand furniture are guaranteed for 5 years. In the event that the Customer calls on the Seller to install the furniture, the warranty covers defective parts, labor and travel. In the event that the Customer carries out the installation themselves, the warranty does not cover labor or travel.
Kube Outdoor brand worktops are guaranteed for 10 years. In the event that the Customer calls on the Seller to install the worktop, the warranty covers defective parts, labor and travel.
If the Customer carries out the installation himself, the warranty does not cover labor or travel.
In the event of non-compliance, the Seller's commitment regarding Kube Outdoor furniture and worktops is limited to the repair or exchange of parts recognized as defective after analysis and handling by the after-sales service.
In case of unavailability, a similar product will be provided for exchange.
Regarding other furniture, the Customer is invited to refer to their instructions and the manufacturers' warranty conditions.
It is recalled that the preceding provisions are not exclusive of the application of the applicable legal guarantees.
Exclusions
Without limitation, damage, defects, faults and deterioration caused by force majeure, theft, natural disaster, fire, etc., fault of the Customer or a third party, failure to comply with instructions or standards, defects and deterioration caused by an external accident, incorrect use, improper maintenance/lack of maintenance, improper or abnormal use or handling, abnormal storage, poor protection of the devices, by circumstances harmful to the goods supplied or by a modification of the products not foreseen or specified by the Seller, are notably excluded from the guarantee and liability of the Seller.
The following are excluded from the guarantee:
- Damage, defects, faults and deterioration linked to excess heat (stain, swelling, deformation, burning),
- Damage, defects, faults and deterioration of an aesthetic nature, in particular slight discoloration linked to UV exposure on the compact range,
- Damage, defects, faults and deterioration of an aesthetic nature such as scratches, scrapes, flaking, coloring from an external support,
- Damage, defects, faults and deterioration linked to the use of unsuitable products such as detergents, corrosive and/or abrasive products which may damage the guaranteed outdoor product (stains, marks, halo, corrosion),
- Damage, defects, faults and deterioration linked to non-compliance with the Seller's recommendations and the applicable rules of the art regarding installation in the event of installation by the customer,
- Damage, defects, faults and deterioration linked to non-compliance with the requirements imposed by water, gas and electricity distribution bodies,
- Damage, defects, faults and deterioration linked to renovation or rehabilitation work carried out by the customer (or by a third party): masonry, tiling, carpentry and any other major work,
- Damage, defects, faults and deterioration caused by thermal shock to outdoor cooking plates, particularly when they are heated to white heat and cooled with a lot of ice.
Please note that protecting your summer kitchen is essential. The Customer therefore agrees to comply with the Seller's recommendations and standards.
It is particularly recalled that outdoor products must be installed under cover for the guarantee to be applicable (pool house, pergola, etc.).
Similarly, the Customer may not validly invoke the guarantee in the event that the Customer and/or any other person has worked on the goods without the Seller's agreement.
To benefit from the warranty, all merchandise must be properly owned by the Customer. The paid purchase invoice must be presented. The Seller reserves the right to request the production of photographs or videos from the Customer at any time.
Article 18. Guarantees relating to installation services carried out
In the event that the Customer calls upon the Seller to install the contractual products, the latter guarantees the work provided in accordance with legal provisions.
The Seller is required, depending on the nature of the work and if the legal conditions are met:
- From the ten-year guarantee, relating to the “ damage, even resulting from a defect in the ground, which compromises the solidity of the structure or which, affecting one of its constituent elements or one of its equipment elements, makes it unfit for its intended purpose ", for a period of 10 years from the acceptance of the works.
The presumption of liability established by the article 1792 also extends to damage which affects the solidity of the equipment elements of a structure, but only when these are inseparably linked to the viability, foundation, framework, enclosure or roofing works.
An item of equipment is considered to be an inseparable part of one of the viability, foundation, framework, enclosure or roofing works when its removal, dismantling or replacement cannot be carried out without deterioration or removal of material from this work.
- From the guarantee of proper functioning of the other equipment elements of the work for a period of two years from receipt of the equipment concerned, under the conditions provided for in article 1792-3 of the civil code.
- From the perfect completion guarantee (GPA), a legal guarantee lasting one year from receipt, under the conditions provided for in article 1792-6 of the Civil Code.
Article 19. Liability
The Seller cannot be held liable in the event of non-performance or poor performance of its obligations which is due to a case of force majeure, an act of God, the actions of the Customer, or the actions of a third party to the contract.
When the Seller is prevented from performing the contract due to the occurrence of a case of force majeure, an unforeseeable event as defined by French case law or an external cause, in particular a fault attributable to the Customer, the delivery and/or service deadline mentioned on the order form is automatically extended depending on the duration of the impediment.
Article 20. Withdrawal
According to articles L.221-18 et seq. of the Consumer Code, in the event that the contract is concluded remotely (within the meaning of article L 221-1, 1° of the code of consumption), the Customer who has the status of consumer has, under certain conditions, a legal period to exercise his right of withdrawal without having to justify reasons or bear costs other than those provided for in articles L 221-23 to L 221-25 of the consumer code, namely :
- Within a period of fourteen (14) clear days from the conclusion of the contract, for service provision contracts
- A period of fourteen (14) clear days from receipt of the goods (by the consumer or a third party, other than the carrier, designated by him) for contracts for the sale of goods. In the case of an order for several goods delivered separately or in the case of an order for a good composed of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or batch or the last part.
The contract having as its object both the provision of services and the delivery of goods/the transfer of ownership of goods is considered to be a sales contract.
In accordance with Council Regulation No. 1182/71/EEC of 3 June 1971 determining the rules applicable to periods, dates and deadlines:
1° The day on which the contract is concluded or the day of receipt of the goods is not counted in the period mentioned in article L. 221-18 of the consumer code ;
2° The time limit begins to run at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the time limit;
3° If this period expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the next working day.
To exercise this right, the Customer must notify the Seller by registered letter with acknowledgment of receipt to the address indicated on the order form, the products covered by the withdrawal, his name, postal address, telephone number and email address, as well as his decision to withdraw from the contract by means of an unambiguous statement. He may, but is not obliged to, use the model withdrawal form located at the bottom of this document. The remainder of the Customer's order, not covered by the withdrawal, remains firm and definitive.
In the event of withdrawal by the Customer, the latter must return, at his own expense, the good(s) concerned in their original packaging, complete, intact, and in perfect condition, to the registered office of the Seller, the address of which is indicated on the order form, without undue delay and, in any event, no later than fourteen days after having communicated his decision to withdraw..
The Seller may also, without this constituting any obligation on its part, offer the Customer the option of recovering the goods concerned itself (or through its carrier). ; the related return costs being the exclusive responsibility of the Customer.
The Customer bears the costs of returning the goods in the event of withdrawal. It also bears the cost of returning the goods when, due to their nature, they cannot normally be returned by post.
When the right of withdrawal is exercised, the Customer will be reimbursed for all sums paid to the Seller (relating to the product(s)/service(s) concerned by the withdrawal, subject to the reservations indicated below), at the latest :
- For service provision contracts : within fourteen days from the date on which the Seller is informed of the consumer's decision to withdraw
- For contracts for the sale of goods : upon actual recovery of the goods (by the Seller) or when the Buyer provides proof of shipment of these goods, the date retained being that of the first of these events. If the Seller offers the Buyer to recover the goods himself, the Buyer will be reimbursed within 14 days from the date on which the Seller is informed of this decision to withdraw.
The Seller will make this reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the consumer expressly agrees to use another means of payment and provided that the reimbursement does not incur any costs for the consumer.
The Seller is not required to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.
If the Customer exercises his right of withdrawal on only part of the products, he is reminded that :
- If the delivery costs depend on the number of items ordered, they will be refunded in proportion to the items returned by the customer.
- If the delivery costs are fixed, they will not be refunded.
The Customer may be held liable for any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods. This handling is that which a consumer may carry out in a store, for the goods offered for sale there.
| If the Customer benefiting from a right of withdrawal wishes the execution of the provision of services (installation service) ordered remotely begins before the end of the withdrawal period mentioned in article L. 221-18, he can complete the form appearing at the end of the T&Cs (or by any means formalizing his express request) and return it signed to the Seller. Under the terms of article L221-25 of the consumer code, " if the consumer wishes the execution of a service or a contract referred to in the first paragraph of the article L.221-4 begins before the end of the withdrawal period mentioned in Article L. 221-18, the professional collects his express request by any means for contracts concluded remotely and on paper or on a durable medium for contracts concluded outside the establishment. The consumer who has exercised his right of withdrawal from a contract for the provision of services or from a contract referred to in the first paragraph of Article L. 221-4, the performance of which has begun, at his express request, before the end of the withdrawal period, shall pay the professional an amount corresponding to the service provided until the communication of his decision to withdraw; this amount is proportionate to the total price of the service agreed in the contract. If the total price is excessive, the appropriate amount is calculated on the basis of the market value of what has been provided. Costs therefore remain chargeable to the Buyer when the latter exercises his right of withdrawal from a service contract which he has expressly requested to be performed before the end of the withdrawal period. These costs are calculated according to the terms set out in Article L. 221-25 of the aforementioned Consumer Code. The Customer acknowledges that after full execution of the contract, he will no longer have the right of withdrawal. |
| The Client is however advised that under the terms of Article L221-28 of the Consumer Code provides that the " The right of withdrawal cannot be exercised for contracts: 1° Of the provision of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the performance of which has begun with his prior and express agreement and with his recognition of the loss of his right of withdrawal, when the service has been fully performed by the professional; |
| ATTENTION : the Customer therefore has no right of withdrawal concerning contracts for the supply of goods made to the consumer's specifications or clearly personalized and contracts for the supply of services fully executed before the end of the withdrawal period and the execution of which began after the express prior agreement of the customer., with the recognition by him of the loss of his right of withdrawal, when the service has been fully performed by the professional. |
For more information on the right of withdrawal, consult the articles of the consumer code, transcribed under the withdrawal form available at the end of the T&Cs.
Article 21. Personal data
The Customer is reminded that personal data concerning him/her (in particular surname, first name, address (delivery / billing), email address, telephone contact details, bank details) are collected as appropriate within a contractual framework, on the basis of his/her consent, to meet the legitimate interests of the Seller and comply with its legal and regulatory obligations. The Client has, under the conditions and limits set by the European General Data Protection Regulation (GDPR), a right of access, rectification and erasure of his data, a right of opposition and limitation of the processing relating to his person, to refuse to be the subject of an automated individual decision producing legal effects concerning him or affecting him (except when this decision is necessary for the conclusion or execution of a contract or is legally authorized), a right to the portability of his data, to withdraw at any time the consent he expressed, without this having consequences on the legal nature of the data processing which is based on the consent provided before the withdrawal, to give instructions for the fate of his personal data in the event of death.
These rights can be exercised at any time by post to the following address: : 13 carrière dorée59310 Orchies or electronically to the following email address : contact kube-kitchen.fr, specifying the address to which the response should be sent.
He also has the right to lodge a complaint with a supervisory authority (CNIL 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07).
For more information on the processing of personal data and how to exercise the above rights, please consult our privacy policy on our dedicated page.
Article 22. Intellectual Property
All technical documents that may be provided to the Customer remain the exclusive property of the Seller or the Manufacturer, the sole holder(s) of the intellectual property rights to these documents, and must be returned upon request. The Customer undertakes not to make any use of these documents that may infringe the industrial or intellectual property rights of the Seller or the Manufacturer and undertakes not to disclose them to any third party.
Article 23. Applicable law – Election of domicile
The contractual relations between the Seller and the Customer are exclusively subject to French law, subject to the mandatory rules of the consumer's country of residence.
The Customer elects domicile at the address indicated when placing the order, all notifications must be sent there, unless the Customer notifies the Seller in advance of their change of address.
Article 24. Disputes – Mediation
The French courts will have jurisdiction to deal with the dispute between the parties, in accordance with the provisions of the Code of Civil Procedure.
In accordance with the provisions of the Consumer Code, the Customer who has the status of consumer has the right to use a consumer mediator free of charge with a view to amicably resolving the dispute between him and the Seller. To this end, the Seller guarantees the Customer effective recourse to a consumer mediation system.
In the event of a dispute, the Mediator chosen for this purpose is :
(IDENTITY), website, address, telephone number
See the terms and conditions of referral on the site.
A dispute cannot be examined by the consumer mediator :
- When the consumer does not provide proof of having previously attempted to resolve his dispute directly with the professional by means of a written complaint in accordance with the terms provided, where applicable, in the contract;
- When the request is manifestly unfounded or abusive; when the dispute has previously been examined or is currently being examined by another mediator or by a court; when the consumer submitted his request to the mediator more than one year after his written complaint to the professional; when the dispute does not fall within his jurisdiction.
The consumer must, before any mediation, submit a written complaint directly to the professional. The request for mediation must be submitted within one year of this written complaint, otherwise it will be inadmissible (Article L 612-2 1° and 4° of the Consumer Code).
The Client remains free to accept or refuse the use of mediation. In the event of recourse to mediation, the parties remain free to accept or refuse the solution proposed by the mediator.
However, mediation of consumer disputes does not apply to:
1° To disputes between professionals;
2° To complaints made by the consumer to the professional's Customer Service;
3° To direct negotiations between the consumer and the professional;
4° To attempts at conciliation or mediation ordered by a court hearing the consumer dispute;
5° To procedures brought by a professional against a consumer.
Furthermore, the Consumer Client is informed that according to Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes :
" 1. Traders established in the Union participating in online sales or service contracts and online marketplaces established in the Union include, on their website, an electronic link to the RLL platform. This link is easily accessible to consumers. Professionals established in the Union participating in online sales or service contracts also provide their email address.
2. Traders established in the Union, participating in online sales or service contracts, who undertake or are required to use one or more ADR entities to resolve disputes with consumers shall inform consumers of the existence of the ODR platform and the possibility of using it to resolve their disputes. They shall provide an electronic link to the ODR platform on their website and, if the offer is made by email, in that email. This information shall also be provided, where applicable, in the general terms and conditions applicable to online sales and service contracts.
3. Paragraphs 1 and 2 of this Article are without prejudice to Article 13 of Directive 2013/11/EU and to the provisions on information to consumers on out-of-court redress procedures contained in other Union legal acts, which shall apply in addition to this Article.
4. The list of REL entities referred to in Article 20(4) of Directive 2013/11/EU and its updates are published on the RLL platform.
5. Member States shall ensure that ADR entities, member centres of the European Consumer Centres Network, competent authorities as defined in Article 18(1) of Directive 2013/11/EU and, where applicable, bodies designated in accordance with Article 14(2) of Directive 2013/11/EU provide an electronic link to the ODR platform.
6. Member States shall encourage consumer associations and professional associations to provide an electronic link to the RLL platform.
7. Where professionals are required to provide information in accordance with paragraphs 1 and 2 and the provisions referred to in paragraph 3, they shall provide it if possible in one go. ".
The link to the RLL platform is as follows :
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR
| MODEL WITHDRAWAL FORM (Please complete and return this form only if you wish to withdraw from the contract : See conditions defined in article 20 of these T&Cs and articles of the consumer code transcribed below) To the attention of the company KUBE OUTDOOR, registered with the Lille Trade and Companies Register under number 939977666 whose head office is located at 13 carrière dorée, 59310 Orchies Phone : 03 20 59 53 56 E-mail address : contact@kube-kuchen.fr I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods/services below: Ordered on (*) : / received on (*) : Name of consumer(s): Address of the consumer(s): Phone number : Email address : Date : Signature of the consumer(s) (only if this form is notified on paper) (*) Delete as appropriate. |
NB : it is recalled that the Customer does not have any right of withdrawal concerning contracts for the supply of goods made according to the consumer's specifications or clearly personalized and contracts for the supply of services fully executed before the end of the withdrawal period and the execution of which began after the express prior agreement of the customer, with the recognition by him of the loss of his right of withdrawal, when the service has been fully executed by the professional.
CONCERNING THE SERVICE CONTRACT FOR INSTALLATION OF PRODUCTS, IF APPLICABLE :
| REQUEST FOR PERFORMANCE OF SERVICES BEFORE THE EXPIRY OF THE WITHDRAWAL PERIOD Under the terms of article L221-25 of the consumer code, " if the consumer wishes the execution of a service or a contract referred to in the first paragraph of the article L. 221-4 begins before the end of the withdrawal period mentioned in Article L.221-18, the professional collects his express request by any means for contracts concluded remotely and on paper or on a durable medium for contracts concluded outside the establishment.
Costs therefore remain chargeable to the Customer when the latter exercises his right of withdrawal from a service contract whose execution he has expressly requested before the end of the withdrawal period. These costs are calculated according to the terms set out in Article L. 221-25 of the aforementioned Consumer Code. The Customer acknowledges that after full execution of the contract, he will lose his right of withdrawal linked to this service contract. Duly informed of the existence of the right of withdrawal from which he benefits and the terms of its exercise, the Customer declares that he wishes the execution of the service provision contract to begin without waiting for the end of the fourteen-day withdrawal period and waives his right of withdrawal concerning this service as soon as the service has been fully performed. He makes an express request to the Seller, in accordance with the provisions of Article L 221-25 of the Consumer Code. To this end, the Client reproduces and signs by hand the following statement : " I/we, the undersigned ………………… (full name, first name, address) declare that I/we wish the execution of this contract relating to the installation service(s) to begin without waiting for the end of the fourteen-day withdrawal period granted to me/us by law. I/we acknowledge that I/we will still be liable for costs if I/we exercise my/our right of withdrawal from a service contract whose execution I/we have expressly requested before the end of the withdrawal period and acknowledge that I/we will lose my/our right of withdrawal from the contract relating to the service(s) once the service contract has been fully executed, which we expressly accept ". ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… |
Right of withdrawal
Article L221-18 of the consumer code
The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely, following telephone or off-premises canvassing, without having to justify his decision or bear any costs other than those provided for in the articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1° Of the conclusion of the contract, for service provision contracts and those mentioned in article L. 221-4 ;
2° Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the period starts from the receipt of the last good or batch or the last part.
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
Article L221-19 of the consumer code
In accordance with Council Regulation No. 1182/71/EEC of 3 June 1971 determining the rules applicable to periods, dates and deadlines:
1° The day on which the contract is concluded or the day of receipt of the goods is not counted in the period mentioned in article L. 221-18 ;
2° The time limit begins to run at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the time limit;
3° If this period expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the next working day.
Article L221-20 of the Consumer Code
When information relating to the right of withdrawal has not been provided to the consumer under the conditions provided for in 7° of article L. 221-5, the withdrawal period is extended by twelve months from the expiry of the initial withdrawal period, determined in accordance with Article L. 221-18.
However, where the provision of such information occurs during such extension, the withdrawal period shall expire after a period of fourteen days from the day on which the consumer received such information.
Article L221-21 of the consumer code
The consumer exercises his right of withdrawal by informing the professional of his decision to withdraw by sending, before the expiry of the period provided for in article L.221-18, of the withdrawal form mentioned in 7° of the article L. 221-5 or any other unambiguous statement expressing his or her wish to withdraw. The professional may also allow the consumer to complete and submit online, on its website, the form or declaration provided for in the first paragraph. In this case, the professional shall communicate, without delay, to the consumer an acknowledgment of receipt of the withdrawal on a durable medium.
Article L221-22 of the consumer code
The burden of proof of exercising the right of withdrawal under the conditions provided for in Article L. 221-21 weighs on the consumer.
Article L221-23 of the consumer code
The consumer shall return or restore the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with article L. 221-21, unless the trader offers to collect the goods himself. The consumer shall only bear the direct costs of returning the goods, unless the trader agrees to bear them or has failed to inform the consumer that these costs are his responsibility. However, for contracts concluded off-premises, when the goods are delivered to the consumer's home at the time the contract is concluded, the trader shall collect the goods at his own expense if they cannot be returned normally by post due to their nature. The consumer may only be held liable for any diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods, provided that the trader has informed the consumer of his right of withdrawal, in accordance with 7° of Article L. 221-5.
Article L221-24 of the consumer code
When the right of withdrawal is exercised, the professional reimburses the consumer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen days from the date on which he is informed of the consumer's decision to withdraw.
For contracts for the sale of goods, unless the trader offers to collect the goods himself, the trader may defer reimbursement until the goods have been collected or until the consumer has provided proof of shipment of the goods, whichever is the earliest.
The professional makes this reimbursement using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and to the extent that the reimbursement does not incur any costs for the consumer.
The professional is not required to reimburse additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional.
Article L221-25 of the consumer code
If the consumer wishes the execution of a service or a contract referred to in the first paragraph of Article L. 221-4 begins before the end of the withdrawal period provided for in Article L.221-18 and if the contract subjects the consumer to an obligation to pay, the professional collects his express request by any means for contracts concluded remotely and on paper or on a durable medium for contracts concluded off-premises. He asks the consumer to acknowledge that after he has fully executed the contract, he will no longer have the right of withdrawal.
The consumer who has exercised his right of withdrawal from a contract for the provision of services or from a contract referred to in the first paragraph of Article L. 221-4, the execution of which has begun, at his express request, before the end of the withdrawal period, shall pay the professional an amount corresponding to the service provided until the communication of his decision to withdraw; this amount is proportionate to the total price of the service agreed in the contract. If the total price is excessive, the appropriate amount is calculated on the basis of the market value of what has been provided.
No amount is due by the consumer who has exercised his right of withdrawal if his express request has not been collected in application of the first paragraph or if the professional has not respected the obligation of information provided for in 9° of the article L. 221-5.
Article L221-26 of the Consumer Code
A consumer who has exercised his right of withdrawal from a contract for the supply of digital content without a physical medium is not liable for any sum if:
1° The professional has not obtained his express prior agreement for the execution of the contract before the end of the withdrawal period as well as proof that the consumer has acknowledged losing his right of withdrawal after the contract has been fully executed at the express request of the latter;
2° The contract does not include the information provided for in the third paragraph of the article L. 221-9 and in the second paragraph of the article L. 221-13.
Article L221-26-1 of the Consumer Code
I.-The professional shall refrain from using any content, other than personal data for which he complies with the obligations resulting from Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, which has been provided or created by the consumer when using the digital content or digital service provided by the professional, except where this content: 1° Is of no use to the consumer since he no longer uses it; 2° Relates only to the activity of the consumer when he uses the digital content or digital service provided by the professional; 3° Has been aggregated with other data by the professional and cannot be disaggregated or can only be disaggregated with disproportionate effort; 4° Has been generated jointly by the consumer and other persons, and other consumers may continue to use it. II.-Except in the situations referred to in 1° to 3° of II, the professional makes available to the consumer, at the latter's request, any content, other than personal data, which has been provided or created by the consumer when using the digital content or digital service provided by the professional. III.-The consumer has the right to retrieve this digital content free of charge, without the professional hindering it, within a reasonable time and in a commonly used format compatible with machine reading. IV.-In the event of withdrawal from the contract, the professional may prevent any further use of the digital content or digital service by the consumer, in particular by making the digital content or digital service inaccessible to the consumer or by deactivating the consumer's user account, without prejudice to II.
V.-When the consumer has exercised his right of withdrawal, he refrains from using the digital content and making it accessible to third parties.
Article L221-27 of the consumer code
Exercising the right of withdrawal terminates the parties' obligation either to perform the distance contract or the off-premises contract, or to conclude it when the consumer has made an offer.
Exercising the right of withdrawal from a main distance or off-premises contract automatically terminates any ancillary contract, without costs for the consumer other than those provided for in the articles L. 221-23 to L. 221-25.
Article L221-28 of the consumer code
The right of withdrawal cannot be exercised for contracts:
1° Of the provision of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the performance of which has begun with his prior and express agreement and with his recognition of the loss of his right of withdrawal, when the service has been fully performed by the professional;
2° Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made according to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
13° Supply of digital content without physical support, the execution of which began before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, when:
(a) He has given his prior express consent for the execution of the contract to begin before the expiry of the withdrawal period; and
(b) He acknowledged that he will lose his right of withdrawal; and
(c) The professional has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of Article L. 221-13.