Terms of service
TERMS AND CONDITIONS
Effective Date: 17 May 2022
This website is operated by KOBA skincare LTD with its registered office at Clerkenwell House, 45-47 Clerkenwell Green, Farringdon, EC1R 0EB London, United Kingdom.
Welcome to the KOBA skincare website and our Terms and Conditions (the “Agreement”, “Terms”). We understand it may be boring, but this Agreement is important and contains information that affects your legal rights, so please read this document carefully.
These Terms and Conditions govern the rights and obligations of the buyer, (herein referred to as “the customer”, “you”) and of the seller, (herein referred to as “KOBA skincare”, “we”, “us”, “our” or “kobaskincare.com”, for all purchases carried out remotely via the website www.kobaskincare.com. By purchasing our products and services, the customer declares that they accept these Terms and Conditions without reservation. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
We reserve the right to modify these Terms and Conditions at any time. We invite you to read this document carefully with each new order. The applicable Terms and Conditions will be those in force on the day the order is placed and apply without restrictions or reservations to all sales of products appearing in our catalog published on our site.
By validating these Terms and Conditions when ordering, the customer declares to have the legal capacity allowing the conclusion of a sales contract.
The purpose of these conditions is to define the sales regime and the rights resulting therefrom, in particular for:
- The organisation of legal relations between kobaskincare.com and the client.
- The terms of sale of products between kobaskincare.com and the customer.
- Your order
The products presented on the kobaskincare.com website can be ordered online.
You access the content of your shopping cart, including all the products. You must then proceed to your identification. As such, you agree to provide us with accurate and reliable information, thus enabling us to perform all of our contractual obligations. We cannot be held liable in the event that the information you have provided turns out to be false or incomplete.
Your identification can be made directly after selecting the products or through your user account. Opening an account includes entering an email address and choosing a password. Your identifiers are personal to you and must be kept confidential. You can access the personal data that you have communicated to us on simple request, in accordance with the provisions of Article 17 of this document.
The data provided by the customer and recorded by kobaskincare.com during registration and ordering constitutes proof of transactions between kobaskincare.com and the customer. After validation of the order by the customer, kobaskincare.com will send a confirmation email to the customer to notify them that the order has been registered. kobaskincare.com reserves the right to refuse to execute a delivery or to honor an order in cases where the customer has not paid in whole or in part a previous order, or in cases where a payment dispute remains.
- Product information
kobaskincare.com specifies the information posted online and concerning the essential characteristics of the products, in particular through the technical descriptions of the products posted online and photographs and/or videos of the products and this, within the limits of the technique and in compliance with the best market standards.
- Placing your order
Once the products have been selected and your identification data entered, you then proceed to the selection of your payment method. You will then be presented with a summary of your order, which will include information relating to products, prices, or delivery methods. You will also be assigned an order number.
- Availability of products
The items are offered to you within the limits of available stocks and those of our partners and suppliers. Thus, in the event of unavailability of the ordered product, we undertake to inform you as soon as possible and can, as far as possible, offer you replacement products or reimburse the product (shipping costs included) in a maximum period of 30 days.
Prices indicated on the kobaskincare.com site are expressed inclusive of all taxes and excluding delivery costs.
Delivery costs are specified in the basket and confirmed during the validation of the order.
Delivery costs are billed at the end of the order and are added to the price of the products ordered.
Delivery costs differ depending on the customer's delivery address, the weight of the goods ordered and the level of service chosen by the customer (pick-up point, delivery downstairs, or delivery directly to the door of your home).
kobaskincare.com reserves the right to modify its prices at any time but the products will be invoiced on the basis of the prices in force at the time of the recording of the orders subject to availability on that date.
In the event that the purchase of the products is accompanied by a credit requested at the time of the sale or prior to it, the sale will not become final until the credit offer itself becomes final.
- Terms of payment
On our website or on the KOBA skincare mobile application, you can pay for your order by credit card (Blue, Visa, Mastercard, American Express, etc.), and by KOBA skincare's gift card(s).
Payment by bank transfer is also possible in some cases.
Please note that KOBA skincare may change its payment methods.
In case of payment by credit card, the customer's order will only be validated after the account has been debited with the authorization of the competent payment centers. In the event of a lack of authorization, the customer's order cannot be taken into account. Online payment by payment card is made via a security system that allows the encryption of the customer's bank details when they are transmitted over the network.
8. Cancellation of the order before delivery
Subject to implementation before delivery, KOBA skincare offers you the possibility of reneging on your commitment and canceling all or part of your order. To be taken into account, the cancellation must be made directly on our site or by contacting customer service.
KOBA skincare undertakes to reimburse the products as soon as possible and does its utmost to ensure that this occurs within 30 days of acceptance of the cancellation request.
Any cancellation of an order after delivery will be made under the conditions of Article 13 below "right of withdrawal."
Delivery will be made to the address you indicated when placing your order. Delivery will take place within the time limits indicated on the order confirmation that we will have sent you. Exceptionally, some deliveries may be made on weekends and public holidays. Delivery times run from the day after payment of the order, subject to acceptance of the latter.
We undertake to implement all the means necessary to respect the delivery dates indicated. Also, in the event that we are informed of a delay in delivery, we undertake to notify you as soon as possible. You will then decide whether to maintain or cancel your order in whole or in part. In the event of cancellation of your order, it will be refunded to you within a maximum of thirty (30) days following receipt of the request.
Standard delivery also includes the deposit of the product in front of your home or at the foot of your building. Some carriers could also, after an unsuccessful delivery attempt, drop your order at a relay point near your home.
You can find out the delivery date of your order directly on the carrier's website with your parcel reference. The carrier may also contact you to arrange a delivery date. It should be noted that no specific time can be communicated, the appointment being fixed for the day. Only the transporter is authorized to decide on the most suitable place for unloading.
In the event of absence at the time of delivery, a non-delivery notice will be left in your mailbox and a new delivery attempt may be made in the following days. You will then be invited to approach the carrier directly in order to schedule the receipt of your order.
If during several delivery attempts you are absent, you may be asked to assume the costs associated with a new delivery.
KOBA skincare may offer additional delivery methods allowing customers to receive their orders at their doorstep or directly at a relay point.
At the slightest question, the customer can follow the progress of their order and/or contact kobaskincare.com customer service directly on our website.
- Conformity of your order upon delivery
In the presence of the carrier:
- Check the number of parcels and the apparent condition of the parcels.
- Check the condition of the products inside the parcels.
- Control the good conformity of the products compared to the delivery note on the one hand and to the goods ordered on the other hand.
- Check the achievement of all the services to which you have subscribed during the validation of your order.
If the delivery is compliant:
- Indicate on the delivery slip the good condition of the parcel and the products.
- Date, clearly indicate your name in capital letters, and sign the delivery slip.
If the delivery is non-compliant
- Mention the problem encountered on the delivery slip: service not performed, parcel damaged, product damaged after unpacking, incomplete product, etc.
- In case of refusal of the product, please clearly indicate the reason (s) thereof.
- Transfer of responsibility and risks
KOBA skincare undertakes to bear the risks of storage and transport to the designated place of delivery. Customers are responsible for the goods deposited upon their physical delivery, the transfer of possession entailing the transfer of risks associated with transport.
Upon delivery, the risks of loss and deterioration of the goods purchased as well as the damage they could cause are transferred to the customer.
- Use of products
Before using the product for the first time or putting it into operation, we expressly recommend that you carefully read the instructions and documents attached to the products.
We will not be held responsible for damage resulting from usage of the products that do not comply with the prescriptions provided for in the instructions and documents attached to the products. If you have any doubts about how you should use the product, you can contact KOBA skincare customer service by e-mail. This service is able to provide you with all the information you need to use the products you buy safely.
- Returns policy, right of withdrawal
At KOBA skincare, you have the legal right of withdrawal of 14 days. The item must be returned in its original parcel, accompanied by all accessories and instructions, be in good aesthetic and working condition. “Personalized" products will not be taken back.
The 14-day period runs from the day of receipt of the product by the customer or by a third party designated by them. In the case of an order for several products delivered separately or in the case of an order for a good made up of different parcels or pallets, the period starts from the receipt of the last package or the last pallet.
The customer must inform kobaskincare.com of their wish to withdraw by contacting customer service via the website. Customer service will send you an acknowledgment of receipt to confirm that your withdrawal request has been taken into account as well as the return conditions.
A product return service may be offered by KOBA skincare. The price of the return will be established according to the customer's delivery address and the weight of the returned goods. If the customer wishes, they can return their product by their own means.
You then have from the date of receipt of the return procedure, if the return is organized by KOBA skincare, or from the date of receipt of the consideration of your request for withdrawal, a maximum period of 14 days to return the product.
The direct costs of returning the items will be borne by the customer. The customer will therefore be informed of the payment of these costs as well as the amount at the time of receipt of the withdrawal request by our customer service. The customer will be asked to confirm via their customer area that they have taken note of the amount that will be deducted from the refund.
KOBA skincare advises to take out specific insurance with the carrier of the market value of the products if the customer chooses their own means of return. In all cases, the return is at the expense and risk of the customer.
kobaskincare.com could also agree to bear the costs of returning the products.
The refund will be made within a maximum period of 30 days from the request for cancellation of the order. The reimbursement may be deferred until the products are recovered, or the customer has received proof of their reshipment in the event of withdrawal. Only products in new and complete condition (accessories, instructions, etc.) will be accepted. Any product that has been damaged or whose original parcel has been damaged in conditions beyond its simple opening, will not be refunded or will be partial.
Unless otherwise agreed between the customer and KOBA skincare, the refund will be made according to the method of payment used by the customer during the purchase.
- Warranties and guarantees
Customers have 6 years (5 years in Scotland) after delivery or purchase of the item to implement the warranty. This procedure is free.
The defect is automatically considered to date before the purchase of the product. The customer does not, therefore, have to provide proof of the date of appearance of the defect. However, the legal guarantee applies provided that the defects invoked are reported to kobaskincare.com as soon as they appear. The customer must also provide proof of the existence of defects, by sending photographs, videos or any means of proof of the problems encountered.
If the defect is revealed after a period of 6 months from the delivery, the presumption no longer exists and it is the customer who will have to prove not only the reality of the defect but also the fact that this defect existed before the delivery of the product.
The customer has the choice between repairing and replacing the goods. In the event of an obvious cost difference between the 2 options, KOBA skincare may impose the cheapest option. The repair or replacement of defective products is at no cost to the customer.
Customer can be reimbursed in full or only partially in three cases:
- If repair is impossible (for example if production has been stopped).
- If the repair or replacement cannot be implemented within one month of the customer’s complaint.
- If the repair or replacement creates a major inconvenience for the customer.
15.1 Cases where the legal guarantee does not apply
- Customer accepted product (having had enough opportunity to inspect the item before confirming they’ve received it)
- Customer altered the item.
15.2 Commercial guarantees
Commercial guarantees could be offered for certain products. They are optional and do not replace legal guarantees. Commercial guarantees are therefore likely to be different (duration, scope, etc.) depending on the products, suppliers, and brands.
The customer is required to check the completeness and veracity of the information he provides to kobaskincare.com when registering or placing an order, and in particular the delivery address. We cannot be held responsible for any data entry errors that could cause delivery errors.
KOBA skincare cannot be held responsible for any errors made by the customer and/or non-compliance by the customer with the terms of delivery and appointments that they will have themselves set with the carrier.
The responsibility of kobaskincare.com, cannot be engaged when the customer does not respect, in whole or in part, these Terms and Conditions, or in the event of the unforeseeable fact of a third or in case of force majeure.
The choice and purchase of a product by the customer are under their sole responsibility. Consequently, the total or partial inability to use the products in particular due to incompatibility of the equipment cannot give rise to any compensation, reimbursement or questioning of the liability of kobaskincare.com, except in the case of a proven hidden defect, non-conformity, defect, or the exercise of the right of withdrawal.
Without limiting the preceding paragraphs, the liability of kobaskincare.com under the terms of these Terms and Conditions may not exceed an amount equal to the sums paid or payable during the transaction giving rise to said liability, whatever the cause or the form of the action concerned.
- Intellectual property
The content of the Website is protected by copyright, trademarks, and other intellectual property rights and you acknowledge that the exclusive property of the material and content supplied as part of the Website shall remain with us or our licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
- Data protection
We respect the privacy of our users and ensure that all information collected, allowing them to be identified, is considered confidential information. The term "personal data" refers to information about the customer as a natural person communicated voluntarily by themselves. Personal data thus includes nominative data (such as names, first names, e-mail address, postal address, telephone number, etc.).
KOBA skincare attaches great importance to protecting and respecting the privacy of its customers and their personal data. KOBA skincare’s personal data protection policy aims to inform customers of practices regarding consent, collection, use, storage, security measures, retention period(s), recipient(s), the deposit of cookies on their terminal and the sharing of personal data that the customer is required to provide when making a purchase, joining a loyalty program, creating a customer account, etc.
We, therefore, collect the customer's personal data for the purposes of processing their order, preparing invoices, satisfaction surveys, customer identification, and commercial relations with the customer. KOBA skincare is responsible for processing this data.
KOBA skincare respects the formalities and the record keeping obligations for its processing. The customer has the right to access, modify and delete personal data concerning them. You can exercise this right by contacting us by email at email@example.com.
- Dispute management
These Terms and conditions, the order and all acts resulting therefrom will be executed and interpreted in accordance with the law of the country where the product will be delivered. The client and KOBA skincare will seek, before any dispute, a possible amicable agreement.
In the event of a dispute regarding a purchase on our website, you can send a written complaint via email to customer service.
Any dispute of any kind or any dispute relating to the formation or execution of the order, even in the event of a warranty claim or multiple defendants, will be in the absence of an amicable agreement, the jurisdiction of the Courts of the country where the delivery of the order has taken place.
- Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to KOBA skincare constitutes the entire agreement and understanding between you and us and govern your use of KOBA skincare, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
- Severability of clauses
The fact that any clause of these terms becomes null, unenforceable, null and void, illegal or unenforceable by virtue of a law, regulation or following a final decision of a competent court, does not call into question the validity, legality and applicability of the other provisions of these terms which will remain in force.
The customer will remain bound to fulfill their contractual obligations and cannot, as such, avail themselves of any exemption from liability.
- Governing law
The terms and conditions of our engagement with you shall be governed exclusively by the laws of the United Kingdom.