1. Identity of the seller – Pre-contractual information

The website accessible from the address https://www.kunekune.fr (hereinafter the “Site”) is edited and operated by the company KUNEKUNE (hereinafter “KUNEKUNE”), a simplified joint-stock company with a capital of €1,000.00, registered under Registre du Commerce et des Sociétés de Bordeaux with the number 952 415 974, whose registered office is located at 2 allée du Doyen Georges Brus, 33600 Pessac, France.

The Site is an online sales site (e-commerce) allowing the acquisition of products derived from or inspired by the works of YouTubers, streamers, influencers, etc. (hereinafter the “Products”).

For any questions, our customer service can be reached Monday to Friday between 2 p.m. and 10 p.m., by:

• Email: kunekune.contact@gmail.com;
• Phone: +336 81 73 14 20.

2. What is the purpose and scope of this document?

These general terms and conditions of sale (hereinafter “GTC”) govern, to the exclusion of any other document, online sales of Products on the Site to customers who are consumers or non-professional buyers, as defined by the Consumer Code (hereinafter the “Customer(s)”).

The T&Cs specifically detail the conditions of order, payment, delivery, and management of possible returns of the Products ordered by the Customers on the Site.

KUNEKUNE reserves the right to modify its T&Cs at any time. The applicable T&Cs are those in force on the date of the order of the Product(s) by the Customers (hereinafter the “Order”).

The T&Cs are made available to any user, natural or legal person browsing the Site (hereinafter the “User”), at the bottom of the Site where they can be directly consulted at any time. The User has the ability to save and print the T&Cs using the standard functionalities of their browser or computer.

Before validating his or her Order, the Customer is invited to read the T&Cs and to accept them unreservedly. This acceptance of the T&Cs, formalized by a validation click, gives the T&Cs electronic contractual value and implies full and entire adherence and acceptance of the T&Cs. The Customer must have full legal capacity to contract the T&Cs for each Order.

3. The Products

Characteristics of the Products. Each Product has a presentation including a marketing description of said Product and/or the content of the Product, as applicable, as well as the availability of the Product(s) (hereinafter the “Product Presentation Sheet”). Each Product is offered for sale on the Site subject to available stock.

Presentation of the Products. The photographs illustrating the Products do not constitute a contractual document. KUNEKUNE makes its best efforts to ensure that the graphical representation of the Products on the Site is as faithful as possible to the Products. However, it is possible that the Client's perception of the proposed representation of the Product does not correspond exactly to the Product, which the Client acknowledges and accepts.

4. The Order

Opening of a Customer Account. The opening by the Customer of an account (hereinafter the “Customer Account”) is a prerequisite to placing an Order. The Customer enters a valid email address and a password (hereinafter the “Identifiers”) that must be provided prior to each connection to their Customer Account. The Customer must attest that they are of age and have the capacity to contract and accept KUNEKUNE’s T&Cs.

The Customer also has the possibility when completing their profile to optionally provide their professional information.

The information communicated to KUNEKUNE during the creation of this Customer Account must be complete, accurate, and up-to-date.

The steps of the Order. The Order process is carried out in four steps:

• Selection of the Product(s);
• Validation of the basket and acceptance of the T&Cs;
• Choice of delivery and payment modes and settlement of the Order;
• Summary of the Order.

Verification and confirmation of the Order. KUNEKUNE reserves the right to refuse the Order placed by a Customer in the following cases:

• Refusal of payment authorization within a maximum period of seven (7) days from the Order;
• Absence of payment, total or partial, of a previous Order;
• Suspicion of fraud;
• Order not in compliance with the T&Cs.

Unless refusal of sale on one of the cases previously exposed, KUNEKUNE sends the Customer a definitive email confirmation of the Order.

Cancellation of the Order. As long as KUNEKUNE has not proceeded with the shipment of the Order, the Customer has the ability to cancel their Order.

5. Payment of the Order

Content of the Product prices. The prices of the Products are displayed directly on the Site. The sales prices are indicated, for each of the Products, in euros including all taxes (including VAT), excluding delivery charges, on the Product Presentation Sheet.

Modification of the Product prices. KUNEKUNE reserves the right to modify, at any time and without notice, the price of the Products offered for sale on the Site. The applicable price will be the one indicated on the day of the Order on the Product Presentation Sheet.

Immediate payment of the Order. Any Order placed on the Site must be paid immediately by the Customer, otherwise, the Order will not be taken into account by KUNEKUNE.

Payment methods. The Customer can pay for their Order online either by credit card (Visa, Mastercard) or by PayPal. In all cases, the payment provider managing this payment is PayPal.

6. Delivery of the Order

Delivery methods. Delivery is made to the address indicated by the Customer at the time of their Order and according to the delivery method they have selected during the placement of the Order (postal service or independent carrier).

Amount of delivery charges. The delivery charges are indicated to the Customer during the placement of their Order.

Delivery deadlines. KUNEKUNE commits to deliver the ordered Product(s) on the date or within the deadline indicated to the Customer in the Product Presentation Sheet.

Conformity of delivered Products. If the Product received by the Customer is not in accordance with their Order, the Customer has the possibility to file a complaint with KUNEKUNE within a period of two (2) years in accordance with articles L.217-3 and following of the Consumer Code reproduced in Annex 1.

Hidden defects of delivered Products. If the Product received by the Customer has a hidden defect, the Customer has the possibility to file a complaint with KUNEKUNE within a period of two (2) years in accordance with articles 1641 and following of the Civil Code reproduced in Annex 1.

7. Customer's right of withdrawal

Right of withdrawal. The Customer has the right to withdraw from their Order, without having to justify this withdrawal, within a period of fourteen (14) days from the reception of the Product (or the last Product in case of delivery in several times).

How to exercise the right of withdrawal. The Customer must express their wish to withdraw from KUNEKUNE in an unambiguous manner (model withdrawal form in Annex 2) at the address indicated on the campaign corresponding to the order placed and return the Product(s) at their expense within fourteen (14) days from this declaration of withdrawal.

Refund. From the receipt of the returned Product(s), KUNEKUNE commits to refunding the Customer the total amount spent including delivery charges (except for the Customer's choice of delivery charges exceeding the standard price) within a period of fourteen (14) days. The refund will be made by KUNEKUNE using the same payment method that was used for the payment of the Order by the Customer.

Exception. In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised in the case of the sale of Products made according to the Customer's specifications or clearly personalized.

8. Intellectual Property Rights of KUNEKUNE

The Site and all elements included or accessible on the Site (texts, images, diagrams, graphics, trademarks, logos, drawings, photographs, databases, software, etc.), including its structure, are protected by intellectual property rights and subject to applicable laws and regulations in this area. They are and remain the exclusive property of KUNEKUNE. The rights thereto are reserved for all countries and for the duration of intellectual property rights.

Any representation or reproduction, translation, adaptation, arrangement of all or part of the Site or the elements included or accessible on the Site made without the prior written consent of KUNEKUNE is prohibited. The absence of action against the Customer committing an act of infringement cannot be considered as an acceptance by KUNEKUNE of said use.

Any use giving rise to the aforementioned rights can only take place with the express, written, and prior authorization of KUNEKUNE, by submitting a written request by email to the address kunekune.contact@gmail.com. The absence of a response from KUNEKUNE to this written request cannot be deemed as authorization.

9. Protection of Personal Data

As the data controller, KUNEKUNE commits to respecting the Regulation relating to the protection of personal data in accordance with the Privacy Policy accessible at the URL https://www.kunekune.fr/info/privacy-policy.

10. Referral to Third-Party Sites/Share Buttons

The Site may contain links to other sites not edited or controlled by KUNEKUNE, which cannot be held responsible for the operation, content or any element present or obtained through these sites.

The establishment of such links or the reference to any information, articles or services provided by a third party, cannot and should not be interpreted as an express or tacit endorsement by KUNEKUNE of these sites and these elements nor of their content.

The Customer is invited to refer to and read carefully the rules applicable to the use of the information communicated on these sites. KUNEKUNE not being able to carry out continuous control of these links on the Site, cannot be held responsible for any reason for the content of these sites.

Any questions or comments in relation to another site should be directed to the operators of these sites. No link to the Site is authorized without the prior express written permission of KUNEKUNE.

The social network sharing buttons present on the Site allow sharing content from the Site through the “Share”, “Like” buttons of social networks such as Facebook, Twitter, LinkedIn, YouTube, etc. These social networks may collect data relating to the Customer's navigation and associate it with the personal data they have access to, in accordance with their own terms of use and privacy policies. KUNEKUNE exercises no control and excludes any liability regarding the use of the Customer's personal data by these social networks.

11. Liability

KUNEKUNE may exempt itself from all or part of its liability by proving that the non-performance or improper performance of the Order is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party. KUNEKUNE will not be considered responsible or failing for any delay or non-performance resulting from the occurrence of a force majeure event as usually recognized by French case law or common law

The Products sold on the Site comply with the regulations applicable in France. The Customer is solely responsible for the choice of Products, their storage, and their use. Therefore, the total or partial impossibility of using the Products, especially because of equipment incompatibility, cannot give rise to any compensation, reimbursement or questioning of KUNEKUNE's liability, except in the case of a proven hidden defect, non-conformity, and/or defectiveness provided by the Civil Code and the Consumer Code.

The Products are designed for exclusively domestic use. KUNEKUNE's liability cannot be engaged in case of loss of profits, business interruption, or loss of opportunity.

It is up to the Customer to verify the accuracy of the information provided during the Order, particularly the delivery address. The Customer remains responsible for the information they provided during the creation of their Customer Account and their Order. KUNEKUNE excludes any liability (i) in case of possible typing errors by the Customer that could lead to delivery errors and (ii) in case of possible errors made by the Customer or non-compliance by the Customer with the delivery terms they themselves have set with the carrier. In such a case, the costs necessary for the reshipment and storage of the Products will be borne by the Customer.

12. Proof Agreement

The acceptance of the T&Cs (General Terms and Conditions) digitally has, between the Customer and KUNEKUNE, the same probative value as the agreement on paper.

In general, the Customer acknowledges and agrees to exchange with KUNEKUNE, notably via email, for example, in the context of information that may be addressed to them during the execution of the T&Cs .

13. Transfer

KUNEKUNE reserves the right to transfer to any company of its choice all or part of the rights and obligations arising between the Customer and KUNEKUNE under the T&Cs and will inform the Customer in advance, in accordance with applicable law.

14. Non-waiver and Independence of Terms

The nullity of a contractual term does not lead to the nullity of the other terms of the T&Cs which continue to produce their effects.

The fact that KUNEKUNE does not take advantage at a given time of any provision of the T&Cs , cannot be interpreted as waiving the right to enforce any provision of said T&Cs at a later time.

15. Dispute Resolution and Applicable Law

Applicable Law. The T&Cs are governed and interpreted in accordance with French law.

Claim. Any claim, regardless of its nature, related to a Product must imperatively be presented by sending an email to the Customer Service. The claim must be detailed and clearly indicate the reasons for dissatisfaction. KUNEKUNE and the Customer commit to seeking an amicable solution to the dispute opposing them, it being specified that the Customer has the possibility to be assisted by the advisor of their choice (association etc.). If the Customer decides to withdraw their claim, they acknowledge that this withdrawal is final.

Consumer Mediator. The Customer is informed that under the mediation of consumption as defined in articles L.612-1 and following of the Consumer Code, every consumer has the right to use a consumer mediator free of charge with the aim of the amicable resolution of a dispute that opposes them to a professional. To this end, KUNEKUNE guarantees the Customer effective recourse to a consumer mediation mechanism. The contact details of the consumer mediator are as follows: Médiateur de la Fédération professionnelle du e-commerce et de la vente à distance (FEVAD).

Failing that, the Customer will turn to the competent jurisdictions.

Article L.217-4 of the Consumer Code

The good conforms to the contract if it meets, where applicable, the following criteria:

1. It matches the description, type, quantity, and quality, particularly in terms of functionality, compatibility, interoperability, or any other characteristic provided in the contract;
2. It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time of contract conclusion and which the latter has accepted;
3. It is delivered with all accessories and installation instructions that should be provided in accordance with the contract;
4. It is updated in accordance with the contract.

Article L.217-5 of the Consumer Code

1. In addition to the criteria for conformity to the contract, the good is conforming if it meets the following criteria:

   1. It is suitable for the use usually expected of a similar good, taking into account, if applicable, any EU and national law provisions as well as technical standards or, in the absence of such technical standards, specific conduct codes applicable to the sector;
   2. If applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model before the contract was concluded;
   3. If applicable, the digital elements it contains are provided in the most recent version available at the time of contract conclusion, unless the parties agree otherwise;
   4. If applicable, it is delivered with all the accessories, including packaging, and the installation instructions the consumer can legitimately expect;
   5. If applicable, it is provided with updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
   6. It matches the quantity, quality, and other characteristics, including in terms of durability, functionality, compatibility, and safety, that the consumer can legitimately expect for goods of the same type, given the nature of the good as well as public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or labeling.

2. However, the seller is not bound by the public statements mentioned in the preceding paragraph if they demonstrate:

   1. That they were not aware of them and were legitimately unable to know them;
   2. That at the time of contract conclusion, the public statements had been corrected in conditions comparable to the initial statements; or
   3. That the public statements could not have influenced the purchase decision.
3. The consumer cannot contest conformity by citing a defect concerning one or more specific characteristics of the good, of which they were specifically informed deviated from the conformity criteria set out in this article, a deviation to which they expressly and separately consented at the time of contract conclusion.

Article L.217-12 of the Consumer Code

The seller may not proceed according to the consumer's choice if the requested compliance is impossible or involves disproportionate costs with respect to:

1. The value the good would have in the absence of the lack of conformity;
2. The significance of the lack of conformity; and
3. The possibility of opting for the other choice without major inconvenience to the consumer.

The seller can refuse to bring the good into compliance if this is impossible or involves disproportionate costs with respect to 1. and 2..

When these conditions are not met, the consumer can, after a formal notice, pursue the forced execution in nature of the initially requested solution, in accordance with articles 1221 and following of the civil code.

Any refusal by the seller to proceed according to the consumer's choice or to bring the good into compliance must be justified in writing or on a durable medium.

Article 1641 of the Civil Code

The seller is bound to a warranty for the hidden defects of the thing sold that render it unfit for the use for which it was intended, or that so impair its use that the buyer would not have bought it, or would have paid a lesser price for it, had he known of the defects.

Article 1644 of the Civil Code

In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned to them, or keeping the thing and having a part of the price returned to them.

Article 1648 of the Civil Code

The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.

In the case provided by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.