www.mykabuto.com (hereinafter the “Website”) is published by the company Quietude.io, a French “société par actions simplifiée”–based in 32 route de Capian 33550 Langoiran – France, registered with the Bordeaux Register of Companies under no. RCS 82258093200017, with an intra-community VAT no. FR49 822 580 932 (hereinafter “Quietude.io” or the “Company”).
I – GENERAL PROVISIONS
The General Terms and Conditions of Sales detailed below apply to all orders placed with Quietude.io for all products and services offered on the Website (the “T&C’s”), including but not exclusively all products branded KABUTO . They can be accessed at any times on the Website.
Quietude.io reserves the right to adapt or modify the T&C’s at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order. Consequently, placing an order by a customer implies complete adherence, without reservation, to these terms and conditions.
II – WEBSITE’S INFORMATION AND ACCESS
www.mykabuto.com is an e-commerce merchants owned and managed by Quietude.io.
The Website is available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by Quietude.io or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. “force majeure events” as recognised by the French courts. Quietude.io is not liable for any damage incurred by an unavailability of the Websites.
Quietude.io does not make any promises about the availability or accessibility of the Websites or guarantee that the access to the Websites, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, Quietude.io may be obliged to partially or totally suspend access to the Websites temporarily and without notice. By accepting these Conditions of Use, users accept any such technical interruptions.
Quietude.io reserves the right to update the Websites, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, Users may be informed of the changes made but their acceptance to such changes will not be required.
III – SUBSCRIPTION TO THE WEBSITE
To place an order, the client shall at first create a personal account by filling its personal data (the “Personal Account”).
Subscription of the client shall be validated by Quietude.io after checking the standard form filled by the client. A confirmation of the subscription is sent to the client by email.
By creating the Personal Account, the client ensures the accuracy and completeness of the data provided. Client shall update its personal data. If an error occurs relating to the recipient address, Quietude.io shall not be held liable in case of any inability to deliver the products ordered.
To insure a faster and easier connection or registration, client may use the “Facebook Connect” functionality, which enables to pre-fill automatically the form.
In order to place an order, client must have attained majority and enjoy its full legal capacity to enter into contracts, and possess a valid payment card issued by a bank acceptable to Quietude.io’s payment provider. Quietude.io reserves the right to refuse any request or order and to close an account at its sole discretion.
IV – PRODUCTS
The products offered for sale are those described and available on the Websites, within the limit of available product stock. Information are updated in real time. Nevertheless, errors occurring during the update cannot held the liability of Quietude.io. Quietude.io cannot be liable in case of an order cancellation because of stock depletion.
Quietude.io takes the greatest care in the presentation and description of the products in order to provide the customer with the best possible information. However, some non-substantial errors may appear on the Websites, which the customer acknowledges and agrees to.
In any case, in the event of nonconformity of the product delivered compared to its description on the Websites, the customer may either exercise his right of withdrawal, or implement the Quietude.io guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.
V – ORDER
Acceptance of an order placed on the Websites is subject to compliance with the procedure put in place by Quietude.io, expressed by a succession of different stages that the client shall follow in order to validate their order.
Client may at any time change or remove the products added in its cart (the “Cart”). The Cart summarizes the products selected by the client, as well as its price, V.A.T. and shipping costs, excluding customs and other taxes. Client may modify at any time its Cart before validating the order.
The price paid by the Client doesn’t include customs and others taxes. Such additional costs shall be directly paid by the Client to the carrier.
Confirmation of the order by the client implies the acceptance of all provisions of T&C’s. An email confirmation summarizing the order (products, prices, quantity etc.) will be sent to the customer by Quietude.io. For this purpose, the customer formally accepts the use of email for receiving confirmation of the contents of their order from the company Quietude.io. In any event, the invoices are available in the ‘my account’ section.
VI – ORDER REFUSAL
Quietude.io reserves the right to remove at any time any product displayed on the Websites and/or to replace or modify any content or information related to any product. Despite the best efforts of Quietude.io to satisfy the client expectations, Quietude.io may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.
Quietude.io cannot be held liable to the client or a third party in case of the removal of a product from the Website, and in case of the replacement or modification of any content published on the Website or refusal of an order after having confirmed it by email.
VII – PRICES AND TERMS OF PAYMENT
Price are mentioned in the Website in Euros, and US Dollars for United States of America. Prices includes V.A.T. for France shippings only and excluded any customs duties and other taxes in other countries.
VAT fees, duties and taxes for international customers outside France are charged once your product(s) arrive in your country of destination. National tax authorities assess taxes and duties from citizens based on their laws and jurisdictions. Quietude.io cannot determine VAT fees, duties and taxes when when you place your order.
Quietude.io reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability.
The products are payable on the day of the order.
The purchases shall be settled either via the secure platform provided by our partner Monetico paiement, including American Express cards and Paypal. The client expressly acknowledges that disclosure of their bank card number to Quietude.io gives the company authorization to debit their account to the amount of the products ordered. As the case may be, a notice of the order cancellation for error of payment is sent to the client by Quietude.io to the email address registered by the client.
Client may at its discretion save its payment card details for next purchase. Such information is kept and processed by Monetico paiement. Quietude.io will never keep payment card details.
The data recorded and kept by Quietude.io constitutes proof of the order and all previous transactions. The data recorded by Monetico or Amex paiement constitutes proof of the financial transactions.
VIII – DELIVERY
Deliveries are carried out by any carrier selected by Quietude.io. Our warehouse will choose the most cost effective carrier based upon your location.
Delivery operates at the time of the transfer of the product’s physical possession to the Client (the “Delivery”). The risk of lost or deterioration of the Product is transferred to the Client at the time of the Delivery.
Delivery prices applicable to the Order are those indicated on the Websites at the time of the Order in the cart check out process.
The delivery is made to the delivery address indicated by the customer, being specified that it must be the address of the customer’s residence, an individual of their choice or a legal entity (delivery to their company). Deliveries cannot be made to P.O. boxes.
Customer must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the customer, products will be returned to Quietude.io which will contact the customer to organize another Delivery.
In any case, orders will be processed within 12 days, from the date after the confirmation of the Order. Nevertheless, the period may be extended up to 10 working days, especially after the launch of a new collection and during December, considering the significant increase of the orders volume.
Tracking numbers are assigned to each packages and will be emailed to you along with your order information so you can track your order. However, it may take up to 72 hours before the package is checked into the carrier’s tracking system
Quietude.io cannot be liable for the late Delivery caused by a case of force majeure (as defined below).
Some products may be out of stock for temporary period: a specific message will then be displayed on the e-shop to announce expected delays.
IX – RIGHT OF REVOCATION AND RETURNING MERCHANDISE
You are entitled to return all products from the Quietude.io online shop within 100 days of receiving the merchandise to Quietude.io for full reimbursement, provided the merchandise is complete, unused and undamaged.
The products shall be returned with its original packaging, with the original labels, brand new, without having used it or washed it, wheels must not having been rolled. After 100 days, the sale is final.
We wish to draw your attention to the fact that we can only accept return shipments after you have made a request to email@example.com. You will receive a confirmation with the complete address to return your luggage. We also draw your attention to the fact that return shipping charges for shipments will not be reimbursed.
Cancellation through return of merchandise: You can cancel your purchase by returning the merchandise within 100 days after delivery, under the terms listed above.Repayment of the customer is made subject to the receipt of the Products returned by Quietude.io and its excellent condition. Except as otherwise indicated by the customer, repayment will be made thought the same payment means used to pay the Order.Return of the product(s) is the responsibility of the customer if the order was placed from outside France and is at their own risk.
X – GUARANTEES AND RESPONSIBILITY
Quietude.io’s liability related to the Products is limited to the sale price of each product. Quietude.io will not be responsible or liable for any following losses, whenever its cause:
– Loss of benefit or sales
– Loss or revenue
– Loss of profits or contract or opportunity
– Loss of expecting savings
– Loss of data
– Loss of business, management or administration time
– Damage to the image
– Lost chance and especially of sale or purchase of a product
– Psychological damage.
Documents, details, descriptions and information related to the Products published on the Website are not covered under any guarantee, express or implicit, except the guarantees provided by law.
Quietude.io makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the Websites or the server that makes it available. In this respect the customer agree that it is its responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the Websites is done at customer’s own risk and the customer will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.
Quietude.io is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled : (i) they shall be compliant with the description and have the features mentioned on the Websites; (ii) they shall be compliance with the uses which may reasonably be expected of it; (iii) they shall compliant with the quality and strength which may reasonably be expected of similar products.
10 years warranty
Quietude.io guarantees the customers within 10 years against compliance and latent defects, under the following conditions:
The customer must keep the proof of purchase in order to benefit from the guarantee. All our products have a 10-years warranty against any manufacturing material or production defaults from the date of purchase, including the telescopic handle, the top carry handle containing electronics (fingerprint lock opening system), USB plugs, TSA approved lock, the wheels (tires may be replaced), zippers.
The battery warranty is 18 months
Damages caused by airline companies will not be covered by our commercial guarantee. Should you notice any damage done to your luggage when collecting it from the carousel, contact directly the luggage service of the company, located in the same hall than the carrousel to declare the damage and claim for repair or compensation. Remember to take pictures and keep all your flight documents. If you are no longer at the airport, you have 7 days after receiving your baggage to file your claim. In this case, you have to contact the customer service, fill an online claim or send a claim letter to the airline company (registered mail with acknowledgment of receipt).
In the event of any default or abnormal wear out, we will fix your product or we will replace it free of charge if not repairable. To activate your warranty, please send us a message on the dedicated page of our website: https://www.mykabuto.com/contact/
In case of visible defect of a Product, the customer shall send a demand within 3 days from the Delivery date. All demands shall mention the defect concerned. Failing that, the demand won’t be accepted and no return or exchange will be possible. The Product shall be returned, with its original packaging, with the original labels, brand new, without having used it or washed it, wheels must not having been rolled and which the Order reference and copy of such demand shall be sent by mail to our warehouse in USA or France.
Visible defect confirmed by Quietude.io shall give rise, depending of the demand’s content and the nature of the defect, to exchange or repayment or a voucher.
Non-compliance, latent defects
Subject to the confirmation of a non-compliance or a latent defect by Quietude.io or the manufacturer, as the case may be, the customer shall enjoy the following guarantees:
Quietude.io, with a registered office located at 32 route de Capian 33550 Langoiran- France, acting as a “guarantor” with the meaning mentioned in articles L217-5 and seq. French Code de la Consommation and articles 1641 and seq. of the French Code Civil.
The customer may introduce an action resulting from lack of conformity lapses ten years after delivery of the Product ;
– In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery;
– In the event of lack of conformity, the buyer shall choose between repair and replacement of the product, subject to the costs according to Article L217-9 of the French Code de la Consommation.
The legal guarantee of compliance applies regardless the commercial guarantee described below.
The Customer may also introduce an action based on the latent defect as the meaning of Article 1641 and seq. of the French Code Civil. Such legal guarantee of latent defect allows the Customer to ask for the repayment of a product which is not compliant with the use which may reasonably be expected of it, within 2 years from the discovery of the latent defect.
The Customer has the choice between two options: keep the Product and ask for a price discount or return the Product and ask for the complete repayment of the price paid, according to the Article 1644 of the French Code Civil.
Pursuant to order 2005-136 of February 17, 2005, of the French Consumer Code / French Civil Code, the whole of the applicable texts are reproduced here:
Art. L. 217-4 of the French Consumer Code: “The seller is obliged to deliver a product conformant to the contract and to respond to defects of conformity which exist at the time of issuance. They must also respond to conformity defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under their responsibility.”
Art. L. 217-5. of the Consumer Code: “To comply with the contract, the product must: 1) Be appropriate for the use normally expected for such a product and, where appropriate: a) correspond to the description given by the seller and have the qualities presented to the customer in the form of a sample or model; b) have the qualities that a customer might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, particular in terms of advertising or labelling. 2) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the customer that has been brought to the notice of the seller and which the latter has accepted.”
Art. L. 217-12 of the Consumer Code: “Action resulting from a lack of conformity is barred by limitation for two years from the delivery of the goods.”
Art. 1641 of the Civil Code: “A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the customer would not have purchased it, or would only have offered a lower price for it, had they known of them.”
Art. 1648, paragraph 1 of the Civil Code: “The action resulting from critical flaws must be brought by the buyer within a period of two years following the discovery of the critical flaw.”
Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgement of receipt. Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties.
XI – PARTIAL INVIDITY
If any provisions of this T&C’s are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
XII – APPLICABLE LAW AND JURISDICTION
These General T&Cs are governed by the laws of France.
In the event of a dispute between the Client and Quietude.io concerning the interpretation, performance or termination of this T&C’s, Quietude.io strongly encourages the Client to contact the company in the first instance to attempt to resolve the disagreement amicably. Quietude.io hereby notifies Clients that there are alternative dispute settlement options such as mediation or arbitration.
If no amicable solution to the dispute is found, Quietude.io and the Client agree to refer the dispute to the French courts. The terms of this article do not deprive consumers of their right to take legal action, or to defense in the event of legal action, in their country of residence or domicile, or of their right to consumer protection measures as set out in the legislation applicable in their country of residence.
Clients might also contact the platform of amicable solution to the dispute of the European Commission available at http://ec.europa.eu/consumers/odr/.