1. PRELIMINARY INFORMATION
1.1. This document establishes the conditions associated with the use of the website https://www.bykoket.com/ and comes into effect on 23/12/2024.
1.2. By using this website, the Client acknowledges that they must strictly comply with these Terms and Conditions and the Privacy Policy, thereby implying acceptance of these Terms and Conditions. If you do not agree with any of the provisions contained in these documents, you should not use this website.
1.3. These Terms and Conditions apply to visitors of the website https://www.bykoket.com/ (hereinafter referred to as "Client").
1.4. Whenever deemed necessary, KOKET reserves the right to amend these Terms and Conditions, with a new version made available for consultation on the website. Amendments to these Terms and Conditions shall only apply to orders placed after their publication on https://www.bykoket.com/.
2. WEBSITE OWNERSHIP
2.1. This website is owned by KOKET LOVE HAPPENS, UNIP. LDA., headquartered at Rua Nova do Campinho, nº 1, 4435-751 Baguim do Monte, Rio Tinto, registered under the corporate entity number 514 061 464, hereinafter referred to as “KOKET.”
2.2. For any clarification related to the use of KOKET's website, you may contact KOKET's Customer Support Service through any of the following means:
- Email: info@bykoket.com
- Address: R. da Portelinha 136, 4510-638 Fânzeres
- Phone: +351 917 514 977
3. USE OF THE WEBSITE
3.1. By using the website and/or placing orders through it, the Client agrees to comply with these Terms and Conditions, namely:
- Not to use the website unlawfully or improperly;
- Not to use false identities;
- Not to use the website or any of the platforms and forms made available through it to disseminate illegal, illicit, or offensive content contrary to general principles of law, ethics, and public order;
- To refrain from disseminating or spreading any messages or information that are offensive, misleading, defamatory, obscene, xenophobic, discriminatory, or that in any way violate the right to privacy, intellectual or industrial property rights of third parties, as well as any information that may harm third parties or the website owner.
3.2. The Client is responsible for the accuracy of the information communicated to KOKET and agrees to immediately notify any changes to such information through KOKET’s Customer Support Service.
3.3. KOKET is not responsible for delays in processing any orders due to errors or incomplete information provided by the Client.
4. INFORMATION ABOUT CONTENT
4.1. KOKET reserves the right to modify, at any time, the information and commercial offerings presented regarding products, prices, promotions, commercial terms, and services. Such changes will only apply to future orders.
4.2. The insertion of links to the website, regardless of the intended purpose, is expressly prohibited without prior authorization from KOKET.
4.3. The use of the domain https://www.bykoket.com/ for abusive purposes and without prior authorization is subject to legal action by KOKET.
4.4. If links allowing direct access to KOKET’s website are found on other websites, KOKET assumes no responsibility for their origin or the content contained therein.
4.5. KOKET accepts no responsibility for advertisements and campaigns using KOKET's brand without its express authorization.
4.6. Under no circumstances should personal data, bank details, or purchases of products or services be provided if there is any suspicion or knowledge of potentially fraudulent behavior, information, or messages.
4.7. The photographs presented on the website are for illustrative purposes only, showcasing a representative example of the product to be purchased. Clients should always review the information regarding the specific characteristics of the product they intend to purchase.
5. LINKS TO AND FROM THE WEBSITE
5.1. A Client with a personal website who wishes to include a simple direct hyperlink to KOKET’s homepage for personal use must request authorization from KOKET. This does not constitute, in any case, an implicit agreement of affiliation or partnership.
5.2. On the other hand, any hyperlink directed to the website using framing or in-line linking techniques is strictly prohibited.
5.3. In any case, any hyperlink, even if tacitly authorized, must be removed upon KOKET’s simple request.
5.4. If the website contains links to other pages and third-party content, these are provided for informational purposes only. KOKET is not, in any way, responsible for the content of these pages or materials. Consequently, KOKET is not liable for any damages resulting from their use.
6. PRICES
6.1. The prices listed on KOKET’s websites, price lists, quotes, and proposals are presented in euros (EUR) and do not include additional fees. Applicable taxes, including VAT, will be calculated and displayed at checkout based on the client’s location and tax regime. For end consumers residing in the European Union, prices include VAT at the legal rate. For non-consumer clients, VAT will be adjusted based on the applicable location and tax regime (intra or extra-community). It is recommended that Clients contact KOKET directly to validate their VAT number and, if applicable, issue a VAT-exempt invoice.
6.2. Orders placed outside the European Union may be subject to customs duties, local taxes, and other fees, which are the sole responsibility of the Client.
6.3. The prices stated under the terms of the previous clause are valid at the time of consultation, except in cases of typographical errors, printing mistakes, or stock shortages.
6.4. KOKET reserves the right to change the advertised sales prices without prior notice. New prices will apply to purchases and orders submitted from the date of the change.
6.5. Items such as light bulbs, floral arrangements, mattresses, pillows, or other accessories shown in lifestyle images are not included in the price unless expressly stated.
6.6. All promotional campaigns have limited stock and are exclusive to online sales.
6.7. The payment methods accepted by KOKET are as follows: bank transfer.
7. ORDERS AND TRANSPORTATION
7.1. All orders placed are subject to explicit or implicit acceptance by KOKET.
7.2. The processing of any order is dependent on prior payment of the price unless expressly indicated otherwise.
7.3. The cancellation of an order, or changes to the quantities or qualities of goods ordered by the Client during the processing period, requires validation by KOKET and may result in the refund of the paid amount.
7.4. Any modifications initiated by KOKET to the quantities or qualities of the ordered products require explicit acceptance by the Client and may lead to changes in the agreed contractual terms.
7.5. The estimated delivery time for each product is indicated on the product page and may vary between orders. Clients should contact KOKET if in doubt.
7.6. If no defined delivery date exists, KOKET commits to delivering the goods to the final consumer within a maximum period of 30 (thirty) days after the contract's conclusion.
7.7. Orders containing multiple items will be shipped in a single shipment based on the delivery timeline of the item with the longest lead time, unless expressly agreed otherwise.
7.8. The consumer is responsible for the transportation costs of goods purchased from KOKET.
7.9. For Clients considered consumers under applicable law, the risk of loss or damage to the goods transfers to the consumer when they or a third party designated by them, other than the carrier, take physical possession of the goods.
7.10. If the consumer entrusts the transportation to a person other than the one proposed by KOKET, the risk transfers to the consumer upon delivery of the goods to the carrier.
7.11. If the Client is not considered a final consumer and has requested the transportation of the goods, the risk of loss or damage to the goods during transportation lies with the Client.
7.12. In all cases, the Client must verify the conformity of the received goods, particularly the condition of the packaging and the number of packages received. If the goods arrive damaged or the number of packages does not match the number indicated on the delivery note, this must be noted on the delivery receipt.
7.13. In the event of damages caused during transportation, the Client must notify KOKET of the damages within a maximum of 48 (forty-eight) hours from the date of receipt of the product.
7.14. Failure to comply with the procedures outlined in clauses 7.12 and 7.13 grants KOKET the right to reject the claim submitted.
8. LEGAL WARRANTY
8.1. For sales made by KOKET to a client considered a consumer under applicable legal terms, KOKET guarantees, free of charge, the conformity of the product with the contract when a lack of conformity arises within 3 (three) years from the delivery date for contracts concluded after January 1, 2022.
8.2. For sales made by KOKET to a client considered a consumer under applicable legal terms, KOKET guarantees, free of charge, the conformity of the product with the contract when a lack of conformity arises within 2 (two) years from the delivery date for contracts concluded before January 1, 2022.
8.3. For contracts with KOKET involving entities, whether individual or corporate, engaging in the purchase of goods or services for commercial purposes related to their professional activities, KOKET guarantees a legal warranty of 6 (six) months from the delivery date under applicable legislation. Any defects must be reported to KOKET within 30 (thirty) days of discovery.
8.4. If a lack of conformity is detected, it must be reported to KOKET within 48 (forty-eight) hours of product receipt by emailing info@bykoket.com, detailing the issue and attaching photographs as evidence.
8.5. In all cases, KOKET reserves the right to inspect the product to verify the existence and cause of the non-conformity.
8.6. KOKET products are crafted using natural materials and artisanal techniques, which may result in variations in tone, texture, size, and finish. These characteristics are unique and not considered defects or non-conformities but rather the hallmark of each piece’s exclusivity. Changes such as oxidation, irregularities in wood, or variations in fabrics and colors are normal and expected in natural materials and are not considered non-conformities under applicable laws.
8.7. Products identified as floor samples, outlet items, or defective are sold at a reduced price due to their specific, previously described condition, which the Client acknowledges. These products are sold "as-is," and the warranty covers only defects unrelated to the issues previously disclosed and accepted by the Client.
8.8. The notification referred to in clause 8.4 must be made in writing via email to info@bykoket.com, and must include a concise description of the issue as well as the corresponding invoice or equivalent document proving the purchase.
8.9. For sales made by KOKET to a client considered a consumer under applicable legal terms, once a lack of conformity is confirmed and it is not attributable to the consumer after delivery, KOKET ensures repair or replacement of the product, a price reduction, or contract termination, in accordance with applicable laws. For contracts concluded after January 1, 2022, the consumer may directly choose product replacement or contract termination if the lack of conformity is identified within the first 30 (thirty) days from delivery.
8.10. KOKET will cover transportation costs incurred for the restoration of conformity of goods covered by the legal warranty.
9. RETURNS AND RIGHT OF WITHDRAWAL
9.1. Returns of incomplete items, missing components or accessories, items showing signs of improper use, or items handled beyond what is normally permissible will not be accepted under any circumstances.
9.2. For purchases made online by individuals considered consumers under applicable legal terms, the consumer has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the goods by the consumer or a third party indicated by them.
9.3. The consumer may exercise their right of withdrawal by submitting a clear declaration of withdrawal via a email to info@bykoket.com.
9.4. In the case of withdrawal, the consumer is responsible for transportation costs associated with returning the goods.
9.5. Refunds will be processed by KOKET using the same payment method used by the consumer for the original transaction unless expressly agreed otherwise. Refunds will be issued within 14 (fourteen) days from the date KOKET is informed of the consumer's decision to withdraw.
9.6. Unless expressly agreed by KOKET, the consumer cannot freely withdraw from contracts involving:
a) Paid service contracts when:
i) Services are fully performed after the consumer's prior express consent, as per Article 15 of Decree-Law No. 24/2014, of February 14;
ii) The consumer acknowledges that they lose the right to withdraw if the contract is fully executed by the service provider.
b) Goods made to the consumer’s specifications or clearly personalized;
c) Goods that, by their nature, cannot be returned or are liable to deteriorate or expire quickly;
d) Sealed goods that are not suitable for return for health or hygiene reasons if unsealed after delivery, such as products that come into direct contact with the body;
e) Goods that become inseparably mixed with other items after delivery by their nature;
f) Repair or maintenance services performed at the consumer’s request at their residence.
9.7. In all cases, returns are subject to prior approval by KOKET, which reserves the right to inspect the product to determine whether it meets the criteria for return.
9.8. If the client is not considered a consumer under applicable legal terms, returns are only allowed if the delivered goods differ from the order specifications. The client must comply with the established procedure [indicate procedure or clarify if returns are not allowed at all].
9.9. If KOKET confirms the reported defect as per the previous clause, after receiving and verifying that the item is in perfect condition, KOKET will proceed [indicate procedure, e.g., issuance of a credit note or other methods].
9.10. As referenced in Clause 9.7, costs associated with the return of goods are the responsibility of the client, including compliance with transportation requirements and accompanying documentation in accordance with Decree-Law No. 147/2003, of July 11, and other applicable legislation.
9.11. In case of non-compliance, KOKET disclaims any liability and reserves the right to transfer any penalties or fines to the client who is not considered a final consumer.
10. PRODUCT SPECIFICATIONS
The product specifications listed on product pages, catalogs, or any other sales literature are valid at the time of consultation or during the period specified in those materials. KOKET is not responsible for any manifest or obvious errors or omissions.
11. WAIVER
11.1. Any failure by KOKET to demand strict compliance by the Client with any of the obligations set out in these Terms and Conditions or any contract established between the parties, or the failure of KOKET to exercise any rights or actions owed/recognized under these Terms and Conditions or the contract, will not constitute a waiver or limitation of those rights or actions, nor will it relieve the Client from fulfilling their obligations.
11.2. No waiver by KOKET of any clause in these Terms and Conditions or of the rights or actions arising from the contract will be effective unless explicitly stated as a waiver.
11.3. Such a waiver must be formalized and communicated to the Client in writing and in a durable format.
12. LIABILITY
12.1. All products sold by KOKET comply with Portuguese legislation.
12.2. KOKET disclaims any responsibility in the event of a violation of the legislation of the country where the order is delivered. It is the Client's responsibility to verify the import or usage conditions of the products they intend to order.
13. COMPLAINTS
Any other complaints related to products delivered by KOKET should be communicated to KOKET in writing via the following email address: info@bykoket.com. This must be done within a maximum of 48 (forty-eight) hours from the event that gave rise to the complaint.
14. APPLICABLE LAW AND JURISDICTION AGREEMENT
14.1. These Terms and Conditions, as well as any additional clauses included in specific supply contracts, are governed by Portuguese law.
14.2. For any disputes arising from any supply made, the Portuguese Courts shall have exclusive jurisdiction, with the Client expressly accepting the jurisdiction of the Porto district court, waiving any other jurisdiction.
15. PERSONAL DATA PROCESSING
The personal data required to complete and finalize commercial transactions will be processed in accordance with the Privacy Policy available at https://www.bykoket.com/privacy-policy.
16. FINAL PROVISIONS
16.1. By placing an order, the Customer acknowledges that they must comply with these Terms and Conditions, as well as the Privacy Policy and Cookies Policy.
16.2. These Terms and Conditions replace any previous terms and conditions, as well as any pact, agreement, or promise made between KOKET and the Customer before their entry into force, unless otherwise expressly agreed.
16.3. If any clause of these Terms and Conditions becomes null and void due to a legislative or regulatory change, or by court ruling, this will not affect the validity of the remaining Terms and Conditions, which will remain in effect.
16.4. In case of any doubts regarding these Terms and Conditions, our Privacy and Cookies Policy, the Customer may contact our Customer Support through the following means:
• Email: shop@bykoket.com
• Address: R. da Portelinha 136, 4510-638 Fânzeres
• Phone: +351 917 514 977