Terms of sale

The terms "we", "our", and "us" refer to Kumakuma Store. The general terms and conditions of sale apply to all users and all products sold on the site.

By visiting our site and/or purchasing something from our company, you participate in our "Service" and agree to be bound by the following terms and conditions ("General Conditions", "Terms of Use"), including the terms, conditions, and policies referenced herein and/or accessible via hyperlink. These Terms of Use apply to all users of the Site, including, without limitation, individuals who are visitors, suppliers, customers, merchants, and/or content providers.

Any new tools or features added to this store are also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check this page periodically for changes. By continuing to access or use the website after the posting of changes, you accept those changes.

TERMS OF USE

By accepting these general terms and conditions of sale and use, you declare that you have reached the age of majority in your place of residence, or that you have given us your consent to allow any minor to use this site.

We reserve the right to refuse access to the services at any time to anyone, for any reason.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

SECTION 1: PURPOSE

The GTC determine the rights and obligations of the parties in the context of the online sale of products offered by Kumakuma Store.

The acquisition of a product on kumakumastore.com implies that the buyer accepts the GTC and acknowledges having read them before placing an order.

We reserve the right to modify these terms of sale at any time to comply with any new regulations or to improve the use of our site. The applicable GTC are those in effect at the date of payment of the order.

SECTION 2: ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information provided on this site is not accurate, complete, or current. The content of this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more significant, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3: MODIFICATIONS TO THE SERVICE AND PRICES

Product prices are indicated in Euros (€) and Dollars ($), including all taxes (TTC) and displayed on product pages. Prices do not include shipping costs, which are billed in addition to the total order amount. We reserve the right to modify prices at any time. The price listed on the invoice is the only price applicable to the buyer.

In mainland France, for any order equal to or greater than 60 euros TTC, shipping to a relay point is free. Also in mainland France, for any order equal to or greater than 100 euros TTC, home delivery is free.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

SECTION 4: PRODUCTS

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

a) In Stock Products

are offered on the kumakumastore.com website within the limits of available stocks. Each product is presented on the website with a description of its main technical characteristics (content, size, composition...). The photographs are as accurate as possible but are not binding.

Imported items may contain defects (scratches, slight creases). If the item is marked as available: the item is in France at our warehouse.

b) Pre-orders

If the item is marked as pre-order: the item is not yet available. Any changes concerning the pre-ordered product will not engage the responsibility of Kumakuma Store.

The shipping date of pre-orders may change in case of delays with our suppliers, carriers, or customs services.

Some items are often limited in availability and may be out of stock before the pre-order end date.

If the item is in pre-order: the item is not yet available in our warehouse. Once it arrives in France, we will process your order within 1 to 8 working days*, depending on the number of pre-orders. *Excluding Sundays and public holidays

If the item is marked as out of stock but payment has been made, the product can be replaced by another available product on the site or fully refunded.

SECTION 5: PAYMENT TERMS

The buyer must pay the full amount of their order at the time it is placed, even for pre-order products.

Payments are secure. Two payment options are available to choose from:

• Credit card payment (Visa, Mastercard, American Express, CB, Apple Pay): By clicking the "Confirm my order" button, the buyer concludes the contract and accepts these terms of sale. Upon validation, the buyer receives an order confirmation. Upon receipt of payment, the order will be processed within 1 to 4 days (excluding pre-orders), and the buyer will be notified by email.
• Payment by PayPal: the buyer selects the "Pay with PayPal" payment option, then confirms their order by clicking the "Confirm my order" button, which constitutes acceptance of these terms of sale. The buyer is redirected to the secure PayPal interface to securely enter their information. If payment is accepted, the order is recorded and the contract is definitively concluded. Upon receipt of payment, the order will be processed within 1 to 4 days (excluding pre-orders), and the buyer will be notified by email.

In case of error or inability to debit the card, the order will be canceled.

SECTION 6: BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7: SHIPPING TERMS

Products are delivered to the delivery address indicated during the order process. We are not responsible if the information provided by the buyer is not accurate or complete.

• Mainland France: home deliveries are made by La Poste with signature. For deliveries to relay points, we use Mondial Relay.
• Europe: Depending on the country, if relay point deliveries are available, we use Mondial Relay, otherwise, home deliveries are made by UPS with signature.

The buyer is delivered to their home or a relay point. Delivery times are provided for informational purposes only and do not take into account the order preparation time. If delivery times exceed fifteen days from the order date, the buyer may request a refund. We provide a tracking number for each package.

The risks or damages related to transportation are the responsibility of the buyer from the moment the items leave our premises. The buyer must check the condition of the packaging and its contents at delivery in the presence of the carrier or relay point staff. In case of damage during transportation, any protest must be made to the carrier.

SECTION 8: RETURN POLICY

Once a package is returned, the buyer has ten days to request reshipment. If there is no response within this period, the order will be automatically refunded.

SECTION 9: WITHDRAWAL, REFUNDS, AND WARRANTY

NON-REFUNDABLE CASES: Opened or already used products.

Under Article L121-20 of the Consumer Code, the buyer has the right to withdraw without giving any reason within fourteen (14) days from the date of receipt of their order. The right of withdrawal can be exercised by contacting us via the contact form or by sending an email to the following address: contact@kumakumastore.com.

We will process your request as soon as possible and, depending on the issue, we will offer one of the following solutions:

• Replacement or exchange of the product(s)
• Voucher valid on kumakumastore.com
• Partial or full refund of your order

All products supplied by Kumakuma Store benefit from the legal warranty provided by Articles 1641 and following of the Civil Code.

We do not accept returns/exchanges of orders when:

• The items are opened, used, or customized
• The items are damaged or personalized by the customer

Kumakuma Store reserves the right to refuse returned items that do not comply with the guidelines of our site policy.

SECTION 10: CLAIMS - MISSING OR DAMAGED ITEMS

Please submit an unboxing video of your package (and photos if necessary) within 7 days from the delivery date; otherwise, your claim may be rejected.

Fill out the contact form or send an email to the following address: contact@kumakumastore.com

ARTICLE 11: COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, to participate in contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.

We are not and shall not be under any obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 12: OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 13: PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 14: ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15: PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 SECTION 16 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Kumakuma Store, in the process of distance selling, is only bound by a best-efforts obligation. Its liability cannot be engaged for damage resulting from the use of the Internet such as data loss, intrusion, viruses, service interruption, or other involuntary problems.

We do not guarantee, certify, or declare in any way that your use of our Service will be uninterrupted, secure, timely, or error-free.

We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable.

You agree that, from time to time, we may remove the Service for indefinite periods or cancel it at any time without notice.

You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services delivered to you through it are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Kumakuma Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kumakuma Store and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 18 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, 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 of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed following the laws of France.

SECTION 22 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 – INTELLECTUAL PROPERTY

All elements of the kumakumastore.com site are and remain the intellectual property and exclusive property of Kumakuma Store. No one is authorized to reproduce, exploit, or use any elements of the site, whether in the form of photos, logos, visuals, or text.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@kumakumastore.com.