Legal Area

The following General Terms and Conditions of Sale together with the document referred to below, including the Privacy Policy and General Terms and Conditions of Use govern the offer and sale of products on our website, the “kookudesign.com”. Please read these terms and conditions carefully before ordering any product. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions. KOOKU is a limited liability company; it is registered in the Switzerland, its registered office is at CH-4054 Schweizergasse 58, Basel. Its VAT number is CHE-359.807.171 MWST. Requests for information should be made at [email protected]. We reserve the right, at our sole discretion, to change or modify portions of this terms and conditions at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this terms and conditions was last revised. You should periodically visit this page to review the current terms and conditions so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future terms and conditions, do not use or access (or continue to use or access) KOOKU.

OUR BUSINESS POLICY

1. KOOKU offers products for sale on kookudesign.com and its e-commerce services are available both to individuals and professionals.
2. Order Subject to Acceptance
   KOOKU reserves the right not to process orders which do not comply with KOOKU’s business policy. All orders are subject to acceptance by the manufacturer of the product line (“manufacturer”), at manufacturer’s designated location for acceptance of orders.
3. These General Terms and Conditions of Sale regulate the offer transmission and acceptance of purchase orders relating to products on kookudesign.com between the users of kookudesign.com and KOOKU.

HOW TO EXECUTE A CONTRACT WITH KOOKU?

1. You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
2. All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will be only made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
   Your order will not be processed until we have received the payment for your order.
   Unless otherwise specified, prices quoted on the website are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us on KOOKU when you submit your order.
3. Before ordering for us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.

STORAGE FEES AND FAILED DELIVERY FEES

1. Additional storage fees of 1% per month will be charged to store merchandise if not picked up within 60 days from the date of invoice for final balance due.
   Manufacturer will handle product shipments unless buyer specifies shipment method. Any shipments returned to manufacturer as a result of buyer’s unexcused delay or failure to accept delivery will require buyer to pay all additional costs incurred by manufacturer including storage fees.
2. Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale.
3. By submitting an order form to KOOKU, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale in your contract with KOOKU, as well as further conditions contained on kookudesign.com, through links, including the general terms and conditions of use and privacy policy. Should you not agree with certain provision of these General Terms and Conditions of Sale and use or with the Privacy Policy please do not submit your order form for the purchase of product on the kookudesign.com.
4. You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
5. KOOKU may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we will inform you of this by email and we will not process your order. If the order form has been sent and the price has been paid for items that are no longer available, KOOKU will refund the amount paid for those items.

IMAGES AND SIZES OF THE PRODUCTS

1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer will display the colors accurately or reflect the colors of the products. The products that are delivered to you may vary slightly from those images.
   Many wood and metal finishes are applied by hand and may vary in color, tone and character. While manufacturer will make every effort to match a finish, no guarantee can be made of an exact match. Manufacturer does not guarantee finishes against fading and oxidizing. Variations in color and veining are inherent in stone and wood and considered to be part of the natural beauty. Furniture and lighting is handmade, and therefore is subject to slight variations.
   Manufacturer does not guarantee fabrics, dyed or natural, from fading.
2. Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
   All of manufacturer’s drawings, descriptive matter, weights, dimensions, descriptions and illustrations contained in the manufacturer’s catalogues, website or advertisements are close approximations only and intended to give a general description of the goods and shall not form part of this agreement. Furniture and lighting is handmade, and therefore is subject to slight variations.
   No contestation or refusal of merchandise will be accepted in relation to this subject.

PRICES OF PRODUCTS AND PAYMENTS

1. The price of any Product will be as quoted on our site, except in cases of obvious error. Our prices may be modified at all times without prior warning.
2. Payment of the product prices and relevant costs for shipping and delivery must be made by using debit card, credit card or transfer.
   Manufacturer requires payment for any shipment hereunder in advance. If buyer fails to make payment in accordance with the terms of this agreement or otherwise fails to comply with any provision hereof, manufacturer may, at its option, cancel any unshipped portion of this order, retain the goods and declare a forfeiture of the deposit as liquidated damages.
   In the alternative, manufacturer shall (in addition to other remedies available under any applicable uniform commercial code or otherwise by law) have the right to appropriate and apply the goods to payment due hereunder. Manufacturer may proceed to sell or otherwise dispose of the goods at public or private sale for cash or credit.
   Any proceeds of the goods may be applied by manufacturer to the payment of expenses and costs to exercise manufacturer’s rights hereunder, and any balance of such proceeds shall be applied against buyer’s account in such order as manufacturer shall determine in its sole discretion. Buyer will remain liable for the balance of all unpaid accounts.

SHIPPING AND DELIVERY OF THE PRODUCTS

1. Shipping and delivery
   As a service to our customers, KOOKU will arrange the shipping of orders via one of our preferred carriers. All charges are proforma and will be included on the final balance due notice.
   If the customer chooses to manage their own freight and delivery, KOOKU must be notified of the specific details of the movement. The fee to move the product from a manufacturer to a terminal for “customer’s own” pick-up will be added to the balance due.
   The location of the pick-up by the client or the client’s agent may trigger sales tax responsibility at that location.
   Ownership of the product transfers to the customer (owner) upon the freight carrier taking possession of the order for transport. Therefore, responsibility for damage occurring in-transit is the owner’s and all claims for freight damage must be made within 72 hours of receipt.
   If customer selects their own freight carrier, freight claims must be filed directly with the selected carrier. KOOKU is not responsible for a customer’s own or third party freight damage and claim.
2. Receipt of product
   KOOKU recommends using a qualified receiving warehouse to receive, inspect, consolidate deliveries and facilitate in-home installation. KOOKU will recommend a receiver for client if needed. All crated good must go through a professional receiver such as a receiving warehouse.
   A receiving warehouse acts as an agent for the client and is responsible to note any damage and assist the owner with filing a freight claim when damage is found.
   A qualified receiving person should be present to accept products when delivered directly to a home. A signature on the Bill of Lading (BOL) upon receipt of the product confirms that the products are received in good condition unless exception is made on the BOL. If the merchandise is refused upon delivery for quality or damage issues, the receiver should contact us immediately.
   Full inspection must occur within 48 hours of delivery and all freight claims filed within 72 hours.
3. Inspection of product
   Inspect the cartons or crates carefully. Take photos of any damage to the packaging, this is necessary to resolve damage claims.
   Inspect the branded tape seal. If it is not intact or it is covered over, you should assume the package has been tampered with. Note this on the BOL.
   Unpack the cartons or crates. Inspect all merchandise carefully. Cartons and crates should always be unpacked in your presence. NEVER discard original packaging until satisfied with the delivery. If you are unable to inspect the merchandise at the time of receiving the shipment, note on the BOL that any concealed damage of boxed or crated products will be the responsibility of the carrier or the manufacturer as determined upon inspection of the products. KOOKU must be notified within 48 hours of any concealed damage that is found. Keep a copy of the BOL. Save the packaging material and take pictures of the damage.
   All claims should be reported to the customer service manager at KOOKU.
4. Product quality and in-transit damage reporting
   Products are inspected by the manufacturer prior to release to ensure that the order is in good condition, complete and ready for shipment.
   The carrier is responsible for a complete inspection of the products at the point of origin. Any damage must be noted on the BOL. The signed BOL is confirmation by the carrier that they have accepted responsibility for delivering the products in the condition in which they were received. Inspection of the boxed or crated products are limited to the exterior of the packages. Exceptions must be noted and the packages opened at once if the condition of the cartons or crates appear compromised.
   The fitting, installation and maintenance of our articles must be carried out by professionals.

CUSTOMER CARE

1. Product care
   Should you have any problem, please contact us at [email protected] or by telephone at +41 61 271 38 07

EXCHANGE AND RETURNS OF PRODUCTS

1. Cancellation, returns and exchanges
   Our products are made to order, therefore orders cannot be cancelled and our products cannot be returned or exchanged unless they are damaged or defective.
   Changes in orders, returns or cancellations require prior written approval from manufacturer.
2. If you are returning a product because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us.
   Defective products will be replaced within the normal production time period required to reorder and manufacture the same product.
3. You must notify KOOKU in case of an error, a damaged or a defective product. You must return the product in the same condition in which you received it. You have a legal obligation to take reasonable care of the product whilst it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4. If you receive a product that is damaged of defective, you must contact us within 30 days by email ([email protected]) or by telephone: +41 61 271 38 07 to arrange return.
5. KOOKU will examine all products returned as damaged or defective, and will notify you of your refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible. Subject to acceptance by KOOKU of the damaged or defective goods, products returned by you because they are damaged or defective will be refunded in full, including the cost of delivery for sending the item to you and the cost incurred by you in returning the item to KOOKU.
   In the event that KOOKU finds no fault with the returned products, you will be notified that the returned product cannot be accepted and you will have the products re-delivered to you at your charge.
   In stock lighting will not be accepted as a return if product has been installed, altered or damaged in any way.

REFUND PROCEDURES IN CASE OF DEFECTIVE OR DAMAGED PRODUCT

1. If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by KOOKU to the individual who made the payment.
2. The value date for the credit shall be the same as the value date of the original debit and consequently you shall not suffer interest lost.
3. We will usually refund any money received from you using the same method originally used by you to pay for the purchase, unless you have expressly agreed otherwise.
4. We are fully freed from our delivery obligations in the case of force majeure or events such as the general mobilization of reservists, wars, strikes, res, natural catastrophes, transport delays, lack of raw materials, accidents or all other causes that may hinder the activity of our company or that of our suppliers. It is forbidden to re-export our products from the country in which they were ordered. In the case of the non-respect of this ban, we may cease all deliveries.