1. General object of the CTGS

These general terms and condition of sales (thereafter: GTCS) rule the rights and obligations of both parties to the contract regarding the online sales of kojo.coffee Sàrl. The company is located at 118 of Chemin de la Montagne, 1224 Chêne-Bougeries, Switzerland)

 

The company retains the right to adapt or modify the GTCS, which new legal effects will be applicable immediately to all new orders.

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2. Purchase

A. Principle
a) Every order on the kojo.coffee online shop equals a tacit agreement of the GTCS by the customer.
b) All of the products sold in the kojo.coffee online shop are described non-exhaustively by the company. The characteristics of these products are those provided by the manufacturer and are deemed to represent an indicative basis. Kojo.coffee cannot guarantee that the colour of a product you perceive on a screen will be the exact same in situ.
c) All of the products are available on the web shop according to the stock quantity. This may be subjected to changes at any time. 
B. Confirmation

Any effective order is followed by a confirmation message on the customer’s internet browser as well as by an email. The sales contract is deemed to be formed at the very moment of the confirmation.

C. Customer’s obligation

The customer is deemed to give genuine personal information throughout the ordering process.

 

D. Right to objection

The purchase can be objected by the buyer during a period of 14 days starting from the conclusion of the sales contract. This objection has to be done via email or post mail. Kojo.coffee has to confirm receiving this objection. In the situation where the order has been delivered to its buyer, the buyer has to return it to kojo.coffee at its own expenses at the address mentioned above (1.).

 

E. Right to cancellation

Kojo.coffee has the right to cancel any order, inclusive of confirmed ones, without having to justify its decision to the customer. In such a case, the customer’s claims are limited to the refund of the paid sum exempted from any damages to compensate.

 

3. Prices

A. Prices are specified in Swiss Franc. VAT is included.

B. Shipping costs are added to the prices of the different products at the “shopping cart” step of the ordering process. The customer has to approve the final price before validating the order.

C. The price of the items ordered is owed by the customer at the very moment of the order itself.

 

4. Payment

A. It is possible to pay by:
Credit Cart
Postcard
Invoice

 

B. Kojo.coffee does not have access to payment-related confidential information throughout the ordering process.
All the information of the customers are encrypted and securely transmitted to our financial partner without the possibility for us to have access to it. The details of the credit card or postcard of the customer are encrypted via the SSL protocol and don’t transit on the network at any moment. 
The risk of a failure of this payment system is supported by the customer in its entirety.

 

5. Shipping and delivery

A.Kojo.coffee delivers its products in Switzerland and Lichtenstein. 

B.The shipping costs, as described in 3B, are taken care of by the customer.

C. Products are shipped via Swiss “Poste A” at most 48 hours after the order’s confirmation, provided that the product is available in stock.

 

6. Guarantee and customer’s obligations. 

A. Kojo.coffee does not offer any guarantee other than the one offered by the manufacturer regarding sold products.

B. In regard to this guarantee, the customer agrees to only use the items sold on the web shop according to the manufacturer’s advices and guidelines. The same principle applies regarding maintenance.

C. The customer also agrees to keep the invoice of the item itself, as well as the original box and the stock accessories delivered with the product, as all of these components can be asked for during an after-sales service support procedure.

 

7. Force majeure 

Kojo.coffee will endeavour to fulfil its obligations. However, it cannot be held responsible regarding late or missing deliveries due to unforeseeable and irresistible events such as (but not limited to) wars, natural disasters or any other event keeping kojo.coffee from producing, carrying or delivering its products.

 

8. Right to data access and correction request

In regard to its own personal data, one has the right to ask, accordingly to the Loi fédérale du 19 juin 1992 sur la protection des données, for its personal data to be sent to him/her via post mail. This demand has to be sent via post mail to kojo.coffee and signed by the customer. If some pieces of information are incomplete or inaccurate, one can ask to kojo.coffee to modify them. One can also ask to kojo.coffee to delete its personal data at any time.

 

9. Liability Exclusion

A. Kojo.coffee, as well as its employees, managers and CEO are not responsible of any loss or damages due to the website itself or any issue resulting from the impossibility to access or use the website’s data.

B. In particular, kojo coffee’s employees, managers and CEO cannot be held liable of any loss or damages due to an error of any kind (including a technical one, an overload situation, a difficulty to use, maintain a connexion or use the website under maintenance). Kojo coffee’s employees, managers and CEO cannot be held liable of any loss or damages due to a lateness in data transmission, an incompatibility between the user’s interface/computer and the website, a malfunction, an interference, a virus or malware infection, any type of hacking and/or phishing or any other incident experienced while using the website..

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10. Partial Nullity

Should one provision of these GTCS not be valid, non-compliant or non-applicable, this doesn’t change the meaning nor the validity of the entire GTCS in all of the other provisions.
The invalid, non-compliant or non-applicable provision will be replaced by a valid, compliant or applicable one reflecting the original meaning of the first one.

 

 

11. Legal basis, language and jurisdiction

A. The Swiss law is the applicable one.

B. Only the French version of these GTCS is applicable. Any translation (including this one) is meant to be indicative as legal inaccuracies could exist in the translation.

C. In case of litigation, the French version used is the one that was governing at the moment of the purchase. These GTCS are governed by swiss law, and notably articles 184 et seq of the Code des obligations Suisse.

D. The legal jurisdiction is deemed to be Geneva. Any litigation/case related to an order on kojo.coffee’s web shop is led by the courts of la République et le Canton de Genève. In any other cases, the Tribunal fédéral de Lausanne is the competent court.

 

Geneva, January 2020

GTCS 2020, v1 – Eng Translation.