GENERAL TERMS AND CONDITIONS OF SALES AND USE OF WEBSITE

K SAS, a French company registered at the Paris Trade and Companies Register under number 850 579 103

242 boulevard Saint-Germain 75007 Paris - France

Hereinafter referred to as “K”, “we” or “us”

General terms and conditions of sales for the products sold on the website k-3.com and of use of the website k-3.com

Last update January 13, 2021

Article 1 – Scope of application

These general terms and conditions of sales (hereinafter the “General Terms and Conditions of Sales”) govern the sales by K三 under the trademark K三 (pronounced « K三 »), whose registered office is located 242 boulevard Saint-Germain 75007 Paris, France, of furniture, materials, accessories and various house objects (hereinafter the “Products”) on the website k-3.com (hereinafter the “Website” or “Site”), as well as the use of the Site.

A detailed description of the Products is featured on the individual presentation of each of the Products on the Website.

The online selling process described in these General Terms and Conditions of Sales is reserved solely for the use of individual consumers purchasing Products exclusively for their own account and personal use. The Products may not be sold or resold following purchase from the Website.

By placing any order through the Website, the client making a purchase (hereinafter the “Client” or ‘you”) confirms that he/she unconditionally accepts these General Terms and Conditions of Sales. We reserve the right to modify these General Terms and Conditions of Sales from time to time, it being specified that the General Terms and Conditions of Sales accepted when placing an order will be applicable.

By accepting these General Terms and Conditions of Sales, you declare to be at least the age of majority in your State or province of residence.

Article 2 – Sale of Products

We reserve the right to interrupt the sale of any Product at any time. Any offer for any Product made on the Site is is void where prohibited.

Article 3 – Prices

Prices of our Products are given in Euros, including taxes, unless otherwise specified.

For the buyers located in a country belonging to the European Union, prices appearing on the Site include all taxes (VAT and all taxes and duties due when placing an order), unless otherwise specified.

For the buyers located in a country outside of the European Union, prices appearing on the Site do not include taxes (VAT and all taxes and duties due when placing an order), unless otherwise specified.

The total cost of your order includes:

The price of the purchased Product (including all taxes)
Processing and delivery costs.

For countries other than Metropolitan France, you are deemed importer of the concerned Products. Customs duties or other local taxes or importation duties or State duties are likely to be due. K三 is not responsible for these duties and sums of money, has no control over them and cannot foresee their amounts.

You shall be solely responsible for these sums of money, regarding their declarations as well as the payment to the competent authorities and organizations in your country. We suggest that you contact your local customs office for further information before placing your order.

Any orders, wherever they are placed from, are payable in Euros.

K三 pays the closest attention to the accuracy of the prices on the Website. However, in case of a mistake on our part, we reserve the right not to provide the Products for which the posted price was manifestly incorrect.

We reserve the right to modify the prices listed on our Website at any time and without prior notice. However, Products will be invoiced on the basis of the applicable price when placing the order and subject to availability.

The Products remain K三’s property, until full payment of the price.

Notwithstanding the foregoing, the risks (including the risks of loss and damage) pass on to you upon delivery of the Products, meaning the moment when the Products are handed over at the delivery address that you have provided.

Article 4 – Orders

You may place your orders on the Website k-3.com.

The Products offered for sale on the Website are described and displayed with the utmost precision (specifications, illustrations, size, composition, etc.). However, the Client is invited to refer to each Product’s description, available by clicking on the “Description” section, in order to be informed of the properties and characteristics, especially as to the characteristics sought after, the choice and the purchase of a Product being under the Client’s sole responsibility.

Contractual information is featured on the Website and will be subject to a confirmation in accordance with Article 5.

K三 reserves the right not to register a payment or not to confirm all or part of any order for any reason whatsoever, especially in case of supply issues, and/or unusual/fraudulent orders or orders placed in bad faith. In addition, we reserve the right to refuse any order from a Client with whom there is a dispute concerning the payment of a previous order.

Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product.

Order of Products as guest: if the Client has not created an account on the Site, he/she may purchase Products on the Site as guest. Within the framework of this purchase process, the Client shall only provide us with the data necessary for the treatment of his/her order.

In case of modification of the e-mail address of the Client during the order process, the selection of Products chosen before the modification will no longer be guaranteed. The Client will be invited to re-commence the selection process.

Article 5 – Order placement

In order to complete their order, the Clients:

Shall confirm their delivery address and their billing address, or indicate a new delivery and/or invoicing address;
Shall read carefully these General Terms and Conditions of Sales and expressly accept them by clicking the “I have read and accept the General Terms and Conditions of Sales” button before processing the payment of the order;
Are then invited to pay the price of their order by clicking or the “Order” button (for the Stripe payment mode), giving access to the secured payment of the order.

Once the payment is confirmed, the Client immediately receives, and before delivery at the latest, an e-mail confirming the order, featuring, among others, the order number and the detailed list of the ordered Products.

The Client expressly accepts that the content of the order be confirmed via e-mail by K三.

All the data provided and the registered order confirmation shall evidence the transaction.

The order confirmation shall be deemed equivalent to signature and acceptation of the processed transaction.

A summary of your order and of the present General terms and conditions a will be sent to you via e-mail in the PDF format, at the address used for the order confirmation.

Article 6 – Deliveries

Your Products will be delivered to the shipping address specified in your order. Except for specific circumstances, or if one or several Products are temporarily out of stock, the Products of the same order will be delivered in one batch.

We deliver in France, and in the rest of the world, with the exception of the following countries:

Cuba
Iran
Lebanon
Lybia
North Korea
Somalia
Sudan
Syria

For deliveries in France or in Europe, your order will be shipped, by the carrier appointed by us. Delivery times indicated by the carrier shall be given under the sole responsibility of the latter. In compliance with the French Consumer Code provisions (Code de la consommation), delivery of items ordered shall occur in any case no later than 30 days as of the order, subject to full payment of the price and unless otherwise agreed upon with the Client, especially for special orders or orders subject to quotations.

If your delivery address is geographically remote, or difficult to access, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver at such address, or that the delivery may give rise to delivery costs, in addition to the price of the Products, as set out in Article 7 below. If that is the case, we will notify you before we accept your order. Orders cannot be delivered to P.O. boxes or similar addresses.

If, upon delivery, the exterior appearance of the package is not perfect, we ask you to open it in the presence of the carrier, in order to check the condition of the delivered Products. In the event of damage to the Products, please provide a specific description on the delivery note.

You will receive, upon delivery, a receipt with written confirmation of the total price paid including the detail (product prices and delivery charges, if applicable).

Should the shipping be delayed, an e-mail will be sent to you in order to inform you of the possible consequences on the indicated delivery time.

In compliance with French law, if the delivery occurs later than 30 days as of the order, or within any other deadline otherwise agreed upon between K三 and the Client, and subject to full payment of the price, you have the possibility to cancel the order, in accordance, with the provisions of article L.216-2 of the French Consumer Code (Code de la consommation). The contract is deemed cancelled upon receipt of the letter or the written document by which you inform us of this cancellation, unless the delivery occurred in the meantime. In compliance with article L.216-3 of the French Consumer Code (Code de la consommation), we will refund you no later than 14 days following the date the contract was cancelled.

If the delivery is processed by a carrier, K三 may not be held responsible for any delay that would be due exclusively to unavailability of the Client, after several appointments proposals.

Article 7 – Delivery rates

Standard delivery expenses (standard shipping with tracking by a third-party carrier) are included in the price of the Products offered on the Site.

Any shipping other that standard delivery or shipping to remote or difficult to access addresses may give rise to delivery costs, which shall be invoiced to the Client in addition to the price of the Products.

Article 8 – Payment

The validation of your order implies, from your side, the obligation to pay the indicated price.

Payment of your purchases is processed by credit or debit card through the secured systems STRIPE.

Payment may also be processed through the APPLE PAY and GOOGLE PAY services.

Some Products offered on the Site may be ordered subject to prior quotation. In this case, K三will be entitled to ask payment by bank transfer.

You shall pay the total price of the order in one single payment.

Your payment card or APPLE PAY or GOOGLE PAY account will be charged when you complete the order.

An invoice will be sent to you, together with the ordered Products.

For payment by bankcard, the Client guarantees to K三 that he or she is the holder of the bankcard used for the payment and that the name featured on the bankcard to be debited is indeed the Client’s, and then provides the number and expiry date featured on the front of the card together with the CVC number shown on the back(or front) of the card via a secured web page.

For payments made via internet, checks are carried out on-line directly with the relevant banking establishments and bodies, queried using the system operated by the company STRIPE. For this purpose, this company, located in the United States, will implement the automated storage and processing of information relating to each order, including details of the bankcard, in a secured environment.

In addition, in order to combat internet fraud, K三 carries out processing in relation to risk assessment and fraud prevention for payments made via the Website, for which K三 also uses the services of STRIPE. The data gathered is intended solely for use by those authorized individuals at K三tasked with fraud prevention.

If, for any reason whatsoever (rejection, refusal by the issuer’s payment processing center, etc.), it proves impossible to debit the amount owed by the Client, any purchase made via telephone is immediately abandoned and the purchasing process via internet is immediately cancelled.

Article 9 – Right of withdrawal

In accordance with articles L.221-18 and seq. of the French Consumer Code (Code de la consommation), you have a period of 14 calendar days from delivery of the Products to exercise your withdrawal right without the need to justify your reasons or to pay any penalties. However, we do not make any exchanges.

Your right of withdrawal shall be exercised by informing us of your decision to withdraw, by sending us, before the end of the 14-day period above, the withdrawal form featured below, or any other unambiguous statement of your will to withdraw your order.

This time period runs from delivery of the Products to you. When the 14-day period expires on a Saturday, Sunday or bank holiday, it will be extended to the following working day.

Should the Client decide to exercise his/her right of withdrawal, returns expenses shall be borne by the Client.

Each Product shall be returned unused, with its original packaging. In case of deterioration of the Product, resulting from any handling other than those strictly necessary to establish the nature, characteristics, and good state of the Product. K三 reserves the right to refuse to reimburse the Product. K三shall not process to any refund if the Products returned by the Client are not consistent with the Products ordered or have another origin than the Website.

We will process to the refund of the returned Products, in accordance with the provisions above, and of the delivery rates paid by the Client, by crediting the card or the APPLE PAY or GOOGLE PAY account used for the payment. In case of partial return of the Products, the delivery costs, if any shall not be refunded, since the Client has benefitted from the delivery service for the Products retained.

We will process to the refund within 14 days at the latest, as of the date we acknowledge receipt of the returned Products, provided these Products are declared compliant further to our quality control.

A confirmation e-mail will be sent once the returned Products are received and the refund is processed.

You will be the only person allowed to exercise this right of withdrawal. If you asked that the order be delivered to a third party, this right may not be exercised by the consignee of your order.

Withdrawal form

To the attention of

Returns K三

Berry Services

Zone Activités Le Fay

36230 Neuvy-Saint-Sépulchre

E-mail : [email protected]

I/we give you notice of my/our withdrawal of the agreement pertaining on the sale of the Products below:

-…

Ordered on (*) / Received on (*)

Name of the Client(s)

(…)

Address of the Client

(…)

Signature of the Client (only if the present form is transmitted in the paper form)

Date

(*) Delete as appropriate

Our Products are offered as long as they may be viewed on the Website and within the limits of available stocks. Some Products may only be available in limited quantities.

Should a Product appear to be unavailable after your order has been placed, we will inform you via e-mail of such unavailability. Your order will be cancelled and the corresponding payments will be refunded.

Besides, K三 is not intended to sell its Products in large quantities. It is reminded that the purchases made on the Online Shop are reserved to a clientele of non-professional individuals for their own use (or for gifts within the family circle); as a consequence, K三 only sells its Products in quantities corresponding to the usual average needs of a household. In accordance with the article L121-11 of the French Code de la consommation,K三 reserves the right to refuse or to cancel for legitimate reason any order whose number of Products or the amount to be paid (for one or several cumulated orders) would not correspond to the usual average use of a household, any order which would suggest that an economic activity is carried out by the Client in connection with the ordered articles or more generally, any abnormal order within the meaning of the jurisprudence applicable in this matter.

Article 11 - Warranty

You shall ensure that the Products that have been delivered to you correspond to your order. Should the Products that have been delivered not coincide with your order, you must inform us via e-mail at [email protected] or by phone at 02 54 31 49 41 and return the concerned Product(s) to the following address:

Returns K三

Berry Services

Zone Activités Le Fay

36230 Neuvy-Saint-Sépulchre

France

The Products shall be returned in the same state as when you received them, together with all complementary elements (accessories, packaging, booklet). The return expenses, if any, shall be refunded upon presentation of the corresponding receipts.

The Products that are offered on our Website are subject to the terms and conditions of the legal warranties set out in articles L.217-4, L.217-5, L.217-7 and L.217-12 of the French Consumer Code. Thus, if the Product is unsuitable for the intended use, you have 2 years from delivery of the Products to trigger this warranty. Please note that the lacks of conformity which appear within 24 months from delivery of the Products are presumed to have existed at the time of delivery. You will have to bring the evidence of the existence of the lack of conformity. In case of non-compliance we will, at the Client’s choice, and after examination of the Product involved and analysis of the lack of conformity by K三:

Either replace the Product, in accordance with available stocks;
Or, if is impossible to replace a Product, we will refund the cost of the Product.

Besides, the Products offered on the Website are also subject to the warranty against latent defects (garantie des vices cachés) sets out in articles 1641 and 1648 of the French Civil Code. As a consequence, if the Product is unfit for its intended use, and if the defect existed before the purchase but did not appear by the time of the purchase, you will have up to 2 years after discovery of the defect to trigger this warranty. You will have to bring the evidence of the existence of a latent defect. Within the framework of the legal warranty against latent defects, K三 will, after assessment of the defect (including, among others, examination of the Product involved and analysis of the latent defect by K三):

Either to refund the Client of the total price of the Product returned;
Or to refund partially the price of the Product, if the Client decides to keep the Product.

If the Products returned by the Client are not consistent with the Products ordered or have another origin than the Website, K三 shall not be bound by the obligations set forth in this article.

The provisions of this article do not prevent you to exercise the right of withdrawal set forth in article 9 above.

Exclusions from the warranty: Products that have been modified, repaired, integrated or added by the Client are excluded from the scope of the warranty. The warranty will not apply for obvious defects. The warranty will not cover Products damaged during transportation or by incorrect use.

Provisions of the French Consumer Code (Code de la consommation):

Article L. 217-4: “The seller shall deliver goods in compliance with the contract and must be liable for any conformity defects existing at the moment of delivery. The seller must also be answerable for any conformity defects resulting from the packaging, instructions for assembly or installation when these have been made its responsibility by the contract, or have been produced under its supervision”.

Article L. 217-5: “To be compliant with the contract, the product must:

1) Be suitable for the purpose usually associated with a similar item and, if applicable:

Match the description given by the seller and possess the qualities indicated to the Purchaser in the form of a sample or model;
Have the features that a buyer might reasonably expect considering the public statements made by the seller, the producer or its representative, including in advertising and labelling;

2) Or have the features defined by mutual agreement between the parties or be suitable for any special use sought by the purchaser, as disclosed to the seller and accepted by the latter”.

Article L. 217-12: Any action based on the lack of conformity is time barred two years after delivery of the goods.

Article L217-16: When the purchaser asks the seller, during the time of the commercial warranty granted upon the purchase or the repairing of a good, a rehabilitation covered by the warranty, any period of immobilization of at least seven days shall be added to the remainder of duration of the warranty.

This period starts upon the purchaser’s request for intervention, or the date on which the purchaser provided the good for repairing, if this provision occurred after the request for intervention.

Provisions of the French civil Code:

Article 1641: “The seller is bound by a warranty regarding hidden defects in the sold item that render it unfit for the use for which it was intended, or that hinder this use, such that the Purchaser would not have bought it, or would have paid a lower price, had these been known”.

Article 1648 al. 1: “Any action resulting from critical defects must be brought by the purchaser within two years following discovery of the defect.”

Article 12 - Liability

The Products offered are compliant with the applicable French laws. K三shall not be liable in case of non-compliance of the Products with the laws of the country where the Product is delivered. You are solely responsible for all verifications with local authorities for the importation of the Products that you intend to order.

Besides, K三 shall not be held liable for damages arising from a wrong use of the Products.

K三 shall not be liable for any inconvenience or damages due to the use of the internet network, especially an interruption of service, an outside intrusion, or the presence of computer viruses.

The performance of all or part of our obligations shall be withheld in the event of an accident or natural disaster, or other force majeure event, that prevents or delays their performance.

Article 13 – Applicable law

These General Terms and Conditions of Sale and any separate agreements whereby we provide you Products or services shall be governed by and construed in accordance with the laws of France.

Should any dispute arise in relation to the use of the Website and following the failure of any claim filed in writing by the Client or if no response has been made within a reasonable deadline of one (1) month, you may, if you wish so, have recourse to any method of alternative dispute resolution, particularly mediation via the CMAP (Paris Centre for Mediation and Arbitration). In order to submit a dispute to the mediator, the Client may (i) complete the form published on the CMAP website: www.cmap.fr, tab “You are: a consumer”, (ii) send his/her request by simple letter or by registered letter with acknowledgment of receipt to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 Paris, or (iii) send an e-mail to [email protected] . Whatever the method used to refer to CMAP, the Client’s request must contain the following in order to be processed quickly: his/her postal, e-mail and telephone contact details together with K三’s full name and address, a brief description of the facts and evidence confirming that he/she first tried to solve the dispute with K三.

You remain free to accept or decline such recourse to mediation and, if recourse is made to mediation, each party remains free to accept or decline the solution suggested by the mediator.

You may also decide to initiate the mediation process via the online dispute settlement platform developed and managed by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

If no amicable solution can be reached and no recourse is made to mediation, all disputes potentially generated by the General Terms and Conditions will be submitted to the jurisdiction of the competent courts in accordance with French law.

In case of discrepancy between the French version and the English version of these General Terms and Conditions of Sales, as well as the “Personal Data” section of the Site, the French text shall prevail.

Article 14 – Intellectual Property

The K三 trademark, as well as all figurative or non-figurative trademarks, illustrations, visuals, logos appearing on the Products, accessories, or packaging, whether or not registered, are the exclusive property of the owners of these trademarks and other elements.

Any mention of the designer Kenzo Takada on the Website aim at presenting him, for purely informative purposes, as co-founder of the K三 trademark, and as creator of some Products.

Any total or partial copy, modification, use of these trademarks, illustrations, visuals and logos, for any reason whatsoever and on any communication support whatsoever is strictly forbidden.

Similarly, all compounds or conjunctions of the trademarks and elements listed above with any other trademark, symbol, logo and all signs of any kind in order to create a compound logo are strictly forbidden. These provisions also apply to any and all copyrights, designs and patents featured on the Website.

Any elements of the website K-3.com are and remain the exclusive intellectual property of K三 and/or any other related right holders. It is strictly forbidden to reproduce, exploit, repost or use in any way whatsoever, even partially, software, visual or acoustic elements of the Website. Any simple or hypertext link is forbidden without prior written agreement of K三.

Article 15 – Use of the Site

You must not transmit any worms or viruses or any code of a destructive nature, whether during any use of the Site or the during the placement of an order.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these General Terms and Conditions of Sale

Occasionally, there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend, or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website should be taken to indicate that all information in the Site or on any related website has been modified or updated.

In addition to other prohibitions as set forth in the General Terms and Conditions of Sale, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

Article 16 – Personal data

K三 reserves the right to collect nominative information and personal data related to you. Such data is necessary for the process of your order and the improvement of the services and the information that we provide you with.

The confirmation of your consent to the collection and to the use of such data may be asked by a specific button on the homepage of the Website.

The conditions applicable to the collection and the use of these data are set forth in the “Personal Data” Section of the Website, that we kindly invite you to consult.

Article 17 – Archiving – Proof

K三 will file the orders and invoices on reliable and long lasting supports, which will constitute a faithful and long lasting copy, in accordance with article 1379 of the French civil code.

The computerized records of K三 shall be deemed, by all concerned parties, proof of all communications, orders, payments and transactions entered into between the parties.