General Conditions of Sale to individuals (17.11.14)
For the general conditions of sale to resellers, professionals and companies : download the pdf by clicking here.
Article 1: Fields and conditions of application
The sites www.kubbick.com, www.kubbick.fr and blog.kubbick.com are the properties of the company KUBBICK SARL in their entirety, as well as all the rights relating thereto.
KUBBICK est une Société à Responsabilité Limitée au capital de 10.000 euros dont le siège social est 42 rue des Jeuneurs 75002 Paris. Elle est immatriculée au registre du commerce de Paris sous le numéro 800 104 895. TVA intracommunautaire : FR33800104895.
Any reproduction, in whole or in part, of the content of these sites is subject to the authorization of the company.
These general conditions of sale apply to any order placed with KUBBICK SARL through the kubbick.com, kubbick.fr and blog.kubbick.com sites, or by any other means (telephone, fax, mail, etc. )
KUBBICK SARL reserves the right to modify these general conditions of sale at any time. In this case, the general conditions of sale in force will be applied to each order.
Any customer who has placed an order agrees without restriction or reservation to the general conditions of sale in force.
In accordance with the provisions of the Civil Code on the conclusion of online contracts, the contract will be concluded when you click on the button allowing you to confirm your order after having viewed the details of it and in particular its total price and having had the possibility to correct any errors. You will thus acknowledge your obligation to pay.
The contracts concluded on our website (data relating to your order and GTC in force on the day of your order) are archived for a period of 10 years. You can access archived contracts by making a request by e-mail to contact(at)kubbick.com or by post to the address of the company's registered office.
The language offered for the conclusion of the contract is French.
Article 2: Orders
It is possible to place an order by one of the following means:
- the website www.kubbick.com, 24 hours a day, 7 days a week.
- by telephone, by fax or by post addressed to the "Sales Department" at the address of our establishment:
KUBBICK SARL, 42 rue des Jeuneurs 75002 Paris.
You declare that you are at least 18 years old and have the legal capacity or hold parental authorization allowing you to place an order.
Orders are firm and final regardless of the form adopted.
KUBBICK reserves the right to cancel or refuse any customer order.
Article 3: Presentation of products
The products may have the comment(s) of customers who have already purchased the product or through social networks, of Internet users who have not purchased them. KUBBICK SARL cannot be held responsible for the words and comments made by Internet users about the products.
KUBBICK SARL reserves the right to modify or delete comments that it does not deem appropriate on the product sheet or on the social network pages managed by it.
Article 4 : Disponibilité des produits
In order to better serve our customers, all of the products offered for sale are stored in our storage facilities or in the warehouses of our logistics providers. Our products are offered within the limits of available stocks.
Exceptionally, we offer for sale in pre-order products that are not yet in stock. Orders will only be sent once all the items ordered are available in stock.
In case of out of stock on one or more items of your order, KUBBICK SARL undertakes to notify you as soon as possible, to offer other products in return, or to offer you a refund in certain cases.
Article 5: Product prices
The prices of our products are expressed in euros and include all taxes (TTC) excluding participation in processing and delivery costs. They can be modified at any time and without notice. However, the products will always be invoiced at the rate in force at the time of the order. Prices expressed in currencies other than the euro are given for information only, payments are always made in euros.
En cas de commande vers un pays autre que la France Métropolitaine, vous êtes l'importateur du ou des produits concernés et êtes responsable des éventuelles taxes de livraisons et frais de douanes.
Article 6: Payment
The payment of your orders is made:
- Cash payment on the site secured by Bank Cards: Carte Bleue, Visa, Mastercard/Eurocard, American Express. Your credit card payments are not made on our servers but directly on those of our bank, SOCIETE GENERALE SOGENACTIF/ATOS in a secure environment. Your credit card numbers are only known by the bank.
- By PAYPAL: if you opt for this means of payment, you will be directed to the PayPal site on which you will be asked to enter your identifiers for payment. Once on the PayPal site, all PayPal security settings will be applied.
- By Paylib: this simple and secure payment solution allows you to pay online without having to enter your bank card details. BNP Paribas, La Banque Postale and Société Générale have joined forces to develop this solution that can be used on a computer, tablet or smartphone.
- Wire Transfer
Whatever the means of payment chosen, the order is not definitively validated until the actual receipt of the sums in Kubbick's bank account.
Article 7: Guarantee
The products sold on www.kubbick.com and on the other sites of the company benefit from a guarantee of at least one year directly provided by the manufacturers, unless otherwise specified by these manufacturers.
Before any contact with the manufacturer for the exercise of this guarantee, we invite you to check that the date of purchase of your product allows you to benefit from this guarantee. This date appears on your delivery note or, failing that, on your Kubbick invoice.
In the event of a breakdown or difficulty with your product, we invite you to contact the manufacturer directly via its website. You will find the contact details of the service to contact for the exercise of the guarantee as well as the procedure to follow. Note that this information is usually listed on the documentation provided by the manufacturer with your product. In general, the manufacturer or its technical service carries out an initial diagnosis of the fault and confirms to you whether the repairs to it are indeed covered within the framework of the guarantee that it provides.
As part of the exercise of your warranty, Kubbick may, if you wish, serve as an intermediary with the manufacturer and help you in your dealings with him, without this free assistance, however, constituting any obligation of result or of means. If you wish to request our assistance, please contact us through the contact form on our site and indicate as the subject of your request: SAV.
Article 8: Shipping time (leaving our warehouses)
All products for which it is indicated "In stock" on the product page of the site are dispatched the same day if your order is received before 12 noon on working days. For orders received after 12 p.m., they are dispatched the next working day at the latest. For orders received during weekends and public holidays, "In stock" products are dispatched the next working day. When, on the product page, the mention "In stock" does not appear, a shipping time in working days is indicated instead. For orders including both "In Stock" products and products with longer shipping times, the longer lead time should be taken into account. However, KUBBICK SARL reserves the right, in this case, to split shipments.
In the event of exceptional unavailability of one of the products in the order, which is nevertheless indicated as being in stock, the customer will be notified as soon as possible.
Article 9: Delivery
Products purchased on www.kubbick.com and on the company's other sites can be delivered in mainland France, in most European countries, in the Maghreb and in certain African countries. Click here to view the list of countries we ship to.
Our delivery costs are calculated according to the price of the shopping cart, the weight of the package, the destination and the delivery method chosen. For more details consult your basket, the delivery costs will be communicated to you before the validation of your purchases.
Delivery is made by delivering the product to the delivery address specified when ordering. The recipient is required to check the condition of the packaging of the package upon delivery or upon collection. Any reservation or dispute concerning transport (breakage, damage, damaged packaging, etc.) must imperatively be indicated on the delivery note, as well as to KUBBICK SARL, within two working days.
In case of non-receipt of your package, within three working days after the expected date, notify us immediately. A search will follow with our carrier.
KUBBICK SARL being dependent on its carrier service providers, the company cannot be held responsible for late delivery. Any erroneous or missing and necessary mention in the delivery address and the identity of the customer relieves KUBBICK SARL of the responsibility for the delivery.
The following are considered in particular as cases of force majeure releasing KUBBICK SARL from its obligation to deliver: war, riot, fire, strikes, accidents and the impossibility of obtaining supplies.
On a temporary or permanent basis, Kubbick offers free delivery for certain orders when they reach a minimum amount including tax set by Kubbick and indicated on its site. When this offer is available, it is automatically offered to the customer at the stage of choosing the carrier before the final validation of the order. However, this free service only applies to certain destinations (see the destinations covered by the offer on the site at the time of the order). Orders delivered to multiple addresses are excluded. Finally, in the context of free delivery, the choice of carrier and delivery method is always at the discretion of Kubbick.
In the case of the use of a reduction voucher or a credit note by the customer, the amount of the basket taken into account for the “Free delivery” is the basket calculated after discount and/or reduction.
Article 10: Right of withdrawal and return of goods
If you placed an order via the Kubbick website and you are an individual, you have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration by post to the address Kubbick Sarl, 42 rue des Jeuneurs 75002 Paris or by email to address contact(a)kubbick.com or via our contact form (click here). You can use the model withdrawal form available here but it is not mandatory.
For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
You must return or return the goods to the address which will be sent to you in response to your notification of withdrawal, without undue delay and, in any event, no later than fourteen days after you have communicated your decision to withdrawal from this contract.
This deadline is deemed to have been met if you return the goods before the expiry of the fourteen-day period. You will have to bear the direct costs of returning the goods. Your liability is only engaged with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property.
Effects of withdrawal:
In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a method of delivery other than the least expensive method of standard delivery offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment as you used for the initial transaction, unless you expressly agree to a different means; in any case, this reimbursement will not incur any costs for you. We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever date is first.
Exceptions to the right of withdrawal:
The exercise of the right of withdrawal is excluded for the following contracts: contracts for the supply of goods made to the consumer's specifications or clearly personalized; contracts for the supply of goods likely to deteriorate or expire rapidly; contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; contracts for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; contracts for the supply of services fully executed before the end of the withdrawal period and whose execution has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal; contracts for the supply of digital content not provided on a material medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal; contracts concluded outside the website or outside a distance selling framework; contracts entered into with persons other than natural persons, i.e. legal persons, companies, associations, administrations, public authorities, etc.
In the event of abusive returns, KUBBICK SARL reserves the right to refuse any subsequent order from the customer.
Article 11: After-Sales Service
Most of the time Kubbick responds to requests from its customers expressed via the contact form accessible from the website within a few hours on working days. In any case, Kubbick undertakes to make its best effort to satisfy its customers and respond within a maximum of 24 hours to any request made to the after-sales service via the online form on its site. This hourly commitment is understood to cover the request on working days and working hours, i.e. Monday to Friday, from 9 a.m. to 6 p.m., excluding public holidays.
Article 12: Retention of title
The goods remain the property of the company KUBBICK SARL until the customer has fulfilled all his obligations, and in particular until full payment of the price (law 80-335 of 15/05/1980).
Article 14: Intellectual Property
The texts, comments, works, illustrations and images reproduced on the sites www.kubbick.com, www.kubbick.fr and blog.kubbick.com are reserved worldwide under copyright and intellectual property.
As such and in accordance with the provisions of the intellectual property code, only use for private use subject to different or even more restrictive provisions of the said code is authorized. Any total or partial reproduction of the sites www.kubbick.com, www.kubbick.fr and blog.kubbick.com is prohibited.
Article 15: Liability
The products offered comply with the French legislation in force. Some products offered, and in particular the products in the Well-being & Health section, give indications relating to body constants. This information is provided for information only and cannot replace medical advice or consultation with a health professional. In the event of malfunction or breakdown of one of these products and therefore incorrect information, the responsibility of KUBBICK SARL cannot be called into question. In addition, KUBBICK SARL cannot be held liable in the event of improper installation, abnormal or misuse of the products it offers for sale.
KUBBICK SARL cannot be held liable in the event of non-compliance with the legislation of the country where the products are delivered. It is up to you to check with the local authorities the possibilities of importing or the use of the products or services that you plan to order.
The photographs are provided for illustrative purposes. We invite you to refer to the description of each product to find out its precise characteristics; in case of doubt or if you would like further information, do not hesitate to contact us.
In the event of hypertext links pointing to other sites from the sites www.kubbick.com, www.kubbick.fr and blog.kubbick.com, KUBBICK SARL will not be responsible for the content of the information provided on these sites after activation of these links.
KUBBICK SARL cannot be held responsible for the non-delivery of a product for out of stock, unavailability, disruption, total or partial strike of postal services and means of transport and/or communication; flood, fire, natural disaster or any other case of force majeure as defined in the Delivery chapter.
KUBBICK SARL therefore declines all responsibility for any consequential damages such as operating loss, loss of profit, loss of opportunity, damages or miscellaneous costs.
Article 16: Attribution of jurisdiction
The general conditions of sale presented above are governed by French law and subject to the jurisdiction of the Commercial Court of Paris.