Definitions
The terms defined below shall have between the Parties the following meanings:
- Buyer: Any adult individual non-commercial person located in a delivery area served and wishing to make a purchase on the Site.
- Parties: Refers, in the singular, indistinctly to Kinokho or the Buyer, and in the plural to Kinokho and the Buyer together.
- Site: Website published by Kinokho, accessible at https://www.kinokho.com.
Purpose of these General Terms and Conditions of Sale
These General Terms and Conditions of Sale are intended to define the contractual relationship between the Parties, as well as the general conditions applicable to any purchase of products (order) and services (order preparation, delivery, etc.) made on the Site.
Any order placed by the Buyer within this framework is made by them for their personal, non-professional needs.
The contract resulting from the Buyer's effective order is subject to distance selling regulations as set out in the legislative and regulatory provisions in France, as well as the provisions set forth below.
These General Terms and Conditions of Sale apply exclusively and override any other terms. They are accessible on the website https://www.kinokho.com.
Kinokho reserves the right to adapt or modify these General Terms and Conditions of Sale. In the event of modification, the terms in force on the date of the order will apply to each order.
Pre-contractual Information – Acceptance of the General Terms and Conditions of Sale
Prior to any sales contract concluded on the Site, the Buyer acknowledges having read, in a clear and understandable manner, the General Terms and Conditions of Sale and all information listed in Articles L111-1 and L221-5 of the French Consumer Code.
The following information is communicated to the Buyer:
- Essential characteristics of the good or service;
- Price of the good or service;
- Method of price calculation and any additional costs (transport, delivery, customs, etc.);
- Date or deadline by which the professional undertakes to deliver the good or perform the service;
- Payment and delivery terms;
- Existence of the right of withdrawal and conditions for exercising it;
- Identity of the professional, their postal, telephone and electronic contact details;
- Existence and implementation modalities of legal guarantees and any commercial guarantees, as well as, if applicable, after-sales service;
- Possibility of using a consumer mediator.
By placing an order on the Site, the Buyer confirms they are an adult individual non-commercial person acting for personal needs. They certify they have the legal capacity to contract and acknowledge having read and accepted without restriction the Terms and Conditions of Sale at the time of ordering.
Product Information
The products subject to these General Terms and Conditions of Sale are those listed on Kinokho’s website.
They are offered for sale subject to availability of stocks and as long as they are visible on the Site. Items offered for sale include detailed descriptions. Images representing the products are non-contractual.
Each product offered on the Site has a dedicated sheet accessible by clicking on the product’s name or image.
This sheet presents the essential characteristics of the selected product in accordance with Article L.111-1 of the Consumer Code.
Order – Access – Customer Account
The Buyer can place their order directly online on the Site: https://www.kinokho.com.
Access to Site Products and Services – Buyer’s Customer Account
Purchasing products and services on the Site requires the Buyer to have a computer or smartphone and internet access; any connection and usage fees remain the Buyer's responsibility.
The Buyer agrees not to use false information or third-party information. To make a purchase, the Buyer must create a personal Customer Account by clicking on “Mon compte” either before or after building their cart.
To register, the Buyer must complete the form with their title, first name, last name, date of birth, valid mobile phone number and email address, password, delivery address, and city.
After registration, the Buyer can access their Customer Account at any time to view:
- Their personal information,
- Their current order,
- Their order history.
Ordering Process
To finalize and confirm an order, the Buyer must log in to their Customer Account. They can then select the products and services they wish to purchase, which will be added to their cart.
The Buyer must verify the accuracy of the information they provide and correct any errors before confirming the order.
They must also accept the General Terms and Conditions of Sale by checking the designated box to complete the sale.
Contractual information is presented in French and will be confirmed upon order validation.
For any questions regarding order tracking, the Buyer can contact customer service at: contact@kinokho.com
Electronic Signature
Order confirmation and payment constitute electronic signature and acceptance of the sale between the Parties.
Order Confirmation
Kinokho provides the Buyer with an order summary via written confirmation by email.
Price
All prices of products and services offered on the Site https://www.kinokho.com are quoted in euros, all taxes included (including VAT on the day of the order), excluding delivery fees, which are charged additionally and displayed before order validation.
Kinokho reserves the right to modify prices at any time but will apply the rates in effect at the time of order validation.
Prices must be paid in full at the time of the order by bank transfer or credit card, according to the chosen method.
Order Payment
Payment can be made by credit card: accepted cards are Carte Bleue, Visa, and MasterCard.
The Buyer guarantees that they have all necessary authorizations to use the chosen payment method.
Payment must be made at the time of the order.
Payment data collected is processed securely via Kinokho’s provider: PAYZEN.
Providing the credit card number is considered authorization to debit the account for the order amount.
An order is effective once the payment center confirms approval.
In case of fraud or attempted fraud, Kinokho reserves the right to suspend delivery and will inform the Buyer by email.
Late Payment
The Buyer must ensure they have sufficient funds at the time of order confirmation. In case of non-payment under Article 9 of these T&Cs, Kinokho may suspend or, if not remedied, cancel the order.
Delivery Tracking and Terms
Ordered products are delivered as follows, based on the Buyer’s chosen delivery option, with dispatch within five (5) business days of ordering:
- Delivery via Colissimo (48–72 hours after dispatch),
- Delivery via Chronopost (24–48 hours after dispatch),
- Delivery via Kinokho’s in-house service (Paris area only),
- In-house or external courier deliveries occur between 10 :00 and 18 :00. No deliveries on Sundays or public holidays.
Products are delivered to the address provided by the Buyer at ordering.
If absent at delivery for Colissimo or Chronopost, a notice will be left. For in-house or courier delivery, the Buyer should contact customer service to reschedule.
Upon delivery, the Buyer should inspect the package and contents before signing. Risk of loss or damage transfers upon physical receipt (Article L216-2 of the Consumer Code).
The Buyer may refuse delivery.
Late Delivery – Refund – Termination
- If Kinokho fails to meet the delivery date or deadline stated, the Buyer may require performance within a reasonable additional period.
- If not met within that period, the Buyer may, by registered letter or durable medium, terminate the contract.
- The contract is considered terminated upon the professional’s receipt of the termination notice, unless performance occurs beforehand.
- The Buyer may immediately terminate if the seller refuses delivery or if the specified dates are essential to the contract.
Upon termination, Kinokho must refund all amounts paid by the Buyer.
Under Article L242-4 of the Consumer Code, if the refund is not made, the amount due automatically increases by:
- The legal interest rate if refunded within 10 days after the 14-day period following contract termination;
- 5% if delayed 10–20 days;
- 10% if delayed 20–30 days;
- 20% if delayed 30–60 days;
- 50% if delayed 60–90 days;
- An additional 5% per new month of delay up to the product price, then legal interest.
Right of Withdrawal
Legal Withdrawal Period
Under Articles L.221-18 et seq. of the Consumer Code, the Buyer has a fourteen (14) day withdrawal period without justification.
This period runs from the day of receipt or pickup from a relay point of the product(s).
The Buyer has fourteen (14) days from exercising the withdrawal right to return products in original, intact packaging.
Conditions for Exercising the Right of Withdrawal
Returning the product(s) entitles the Buyer to a refund of the product(s) and the proportional delivery fees, excluding any additional costs.
Refunds are made by the original payment method, unless otherwise specified.
Refunds occur promptly and no later than fourteen (14) days after withdrawal exercise.
This period may be extended until Kinokho receives the returned goods at the return address indicated.
If the 14-day period ends on a weekend or public holiday, it is extended to the next business day.
Under Article L.221-23, return shipping costs are borne by the Buyer except if products are non-compliant (then Kinokho covers costs).
Products Excluded from Withdrawal
Under Article L.221-28, withdrawal does not apply to:
- Perishable foodstuffs susceptible to rapid deterioration;
- Unsealed items that cannot be returned for hygiene or health protection reasons.
Withdrawal Procedure
The Buyer may contact Customer Service within fourteen (14) days of product receipt.
The Buyer may use the withdrawal form in Annex 2 of these T&Cs and send it to: Kinokho – Customer Service, 105 rue Raymond Barbet, 92000 NANTERRE or by email to contact@kinokho.com.
Withdrawal requires returning products within fourteen (14) days of notification to Kinokho.
Failure to do so voids the refund. Products must be returned in original, complete packaging (accessories, manual) in resaleable condition.
Withdrawal cannot be exercised if products have been consumed, soiled, damaged, or used.
Incomplete, damaged, or soiled returns will not be accepted or exchanged.
The Buyer’s liability applies only for product depreciation due to handling beyond necessary inspection of nature, characteristics, and functionality.
Force Majeure
Kinokho’s liability is not engaged if non-performance or delay is due to force majeure under Article 1218 of the Civil Code.
Force majeure includes any event beyond the debtor’s control, unforeseeable at contract conclusion, and unavoidable by appropriate measures.
Guarantees
Legal Conformity Guarantee and Hidden Defects Guarantee
Kinokho (SAS), 105 rue Raymond Barbet – 92000 Nanterre, is liable for conformity defects under Articles L217-4 et seq. of the Consumer Code and for hidden defects under Articles 1641 et seq. of the Civil Code.
For the conformity guarantee, the consumer:
- Has 2 years from delivery to act;
- Can choose repair or replacement, or price reduction or contract termination under Article L217-12, with compliance within 30 days and no major inconvenience;
- Is exempt from proving defect existence for 2 years after delivery (12 months for used goods).
This legal guarantee applies independently of any commercial guarantee.
The consumer may invoke hidden defects under Article 1641 of the Civil Code to terminate the sale or reduce the price under Article 1644.
The Buyer must prove the hidden defect.
Warranty Exclusion
Warranty excludes products modified, repaired, or integrated by the Buyer, visible defects, or damage from misuse or transport.
Intellectual Property Rights
Site content (texts, logos, images, graphics, sounds, software, icons, layout, database, etc.) is protected by national and international intellectual property and copyright law.
This content remains Kinokho’s property.
Any reproduction, full or partial, is prohibited and may constitute an offense.
Creating a link to the Site’s homepage requires Kinokho’s prior consent.
Data Protection – Personal Data
Kinokho, 105 rue Raymond Barbet, 92000 Nanterre, is responsible for processing and collecting the Buyer’s personal data.
Data collected via https://www.kinokho.com is used to manage orders and offer targeted commercial offers.
The Buyer has the right of access, correction, and objection regarding their personal data.
In case of dispute over data use, the Buyer may file a complaint with the CNIL.
For more on data processing and rights, see the Privacy Policy at: https://www.kinokho.com/content/1637-mentions-legales.
Partial Invalidity
If any provision of these Terms is held invalid under law or court decision, the remaining provisions remain in full force and effect.
Applicable Law
These General Terms and Conditions of Sale are governed by French law. Disputes related to online sales contracts under these terms fall under French courts’ jurisdiction.
Disputes – Mediation
For disputes regarding purchases on https://www.kinokho.com, the Buyer may contact customer service at: contact@kinokho.com
If no amicable solution is found, the Buyer may use mediation through the Federation of E-Commerce and Distance Selling (FEVAD).
The Buyer may contact FEVAD’s mediation service at https://www.mediateurfevad.fr.
If mediation fails, the dispute may be submitted to the competent French courts.
Promotional Codes
Welcome Promo Codes
Welcome promo codes for new customers are not combinable with other offers, sales, or promotions.
Non-Combining
Only one promo code may be used per order. Promo codes cannot combine with other discounts unless explicitly stated.
Usage Conditions
Welcome codes must be used within the specified period and according to the stated terms. Unused codes within that period will expire.
Reservations
The company reserves the right to modify or cancel promo codes at any time without notice. Unauthorized stacking of promotions may result in order cancellation at the company’s discretion.