General Terms and Conditions of Sale

 

General Terms and Conditions of Sale

Executive Summary (Compliance & Use)

 


These General Terms and Conditions of Sale (“T&Cs”) constitute a contractual framework ready for publication for the online sale of Products by KDML Retail Limited. They are designed to be robust under Irish law and European Union law applicable in 2025–2026, including in relation to pre-contractual information, online contract formation, right of withdrawal, delivery and transfer of risk, promotions (previous price rule), consumer guarantees and remedies, product safety, and dispute resolution (Directive 2000/31/EC; Directive 2011/83/EU; S.I. No. 484/2013; S.I. No. 597/2022; Consumer Rights Act 2022; GDPR; GPSR 2023/988; Regulation (EU) 2024/3228).

 


 

 

Article 1 – General Provisions – Scope

 


1.1 Purpose

These T&Cs define the rights and obligations of the parties in connection with the online sale of Products offered by KDML Retail Limited (the “Company”) via the website KOSSDESIGN.FR and/or any other address linking to the online store (the “Site”).


1.2 Acceptance

Any order (“Order”) placed on the Site implies prior, express, and unconditional acceptance of these T&Cs. The T&Cs form an integral part of the sales contract concluded between the Customer and the Company (the “Contract”).


1.3 Consumers only

These T&Cs apply exclusively to Orders placed by natural persons acting as consumers (non-professional purposes) within the meaning of EU and Irish law. The Customer declares that they are over 18 years of age, have legal capacity, and provide accurate information.


1.4 Exclusion of professionals

Professionals (including legal entities or persons acting for commercial purposes) are excluded. Professionals wishing to purchase must contact: support@kossdesign.com.


1.5 Applicable version

The T&Cs applicable are those in force at the time of Order validation and payment (or first instalment payment). The Company may update the T&Cs at any time by publishing a new version on the Site.


1.6 Durable medium

The T&Cs are provided in a manner allowing storage and reproduction (PDF download, printing, order confirmation email). The confirmation email constitutes a durable medium.

 


 

 

Article 2 – Seller Identity – Legal Information – Contact

 


Seller:

KDML Retail Limited

Irish company number: 725523

Registered office: 24A Baggot Street Upper, Dublin D04 N528, Ireland


Email: support@kossdesign.com

Telephone: +33 7 59 68 76 57

Postal address: The Lighthouse, George Street Lower, Dún Laoghaire, Dublin, A96R2N2, Ireland

VAT number: IE4040092UH


Hosting provider:

The Site is hosted by Shopify Inc., 126 York St., Ottawa, ON K1N 5T5, Canada (Phone: 1-888-746-7439).

 


 

 

Article 3 – Products – Characteristics – Availability

 


3.1 Essential characteristics

The essential characteristics of bracelets, earrings, and necklaces made from Japanese Miyuki beads (description, materials, dimensions, care instructions, etc.) and their price are displayed on the Site prior to Order placement, in accordance with pre-contractual information obligations.


3.2 Illustrations

Photos and visuals are illustrative. Minor variations (colour, texture, rendering) may occur depending on screen and lighting conditions. These do not affect statutory consumer rights.


3.3 Availability – Pre-orders

Offers are valid subject to stock availability. Adding a Product to the cart does not guarantee availability. Pre-orders are clearly indicated with estimated timelines.


3.4 Unavailability after Order

If a Product becomes unavailable after Order validation, the Customer is informed by email and refunded for the unavailable Product. Other available Products may still be shipped. Delivery fees are refunded only if the entire Order is cancelled or where required by law.

 

Article 4 – Pre-Contractual Information – Order Process – Contract Formation

 


4.1 Mandatory pre-contractual information

Before validating the Order, the Customer has access in a clear and comprehensible manner to all legally required information, including: essential characteristics, identity of the seller, total price (including taxes), delivery costs, payment methods, delivery timelines, right of withdrawal and model form, return costs (where applicable), customer service contact details, and any restrictions.


4.2 Technical steps – correction of errors

The ordering process allows the Customer to identify and correct input errors before final validation. The technical steps are displayed clearly and intelligibly.


4.3 Order validation – obligation to pay

Final validation of the Order (including clicking the confirmation button) implies an obligation to pay.


4.4 Order acknowledgement – confirmation

After payment (or payment authorisation), the Customer receives an email confirming the essential elements of the Contract and providing access to these T&Cs on a durable medium.


4.5 Moment of contract conclusion

The Contract is concluded when the Company confirms the Order (or ships the Products), subject to availability checks and anti-fraud verification.


4.6 Refusal or cancellation for legitimate reason

The Company may refuse or cancel an Order for legitimate reasons, including: breach of T&Cs, abnormal quantities incompatible with consumer use, payment incident, manifestly incorrect information, or reasonable suspicion of fraud. The Customer will be informed and refunded where applicable.

 


 

 

Article 5 – Price – Taxes – Promotions – Previous Price Rule (30 Days)

 


5.1 Price – currency

Prices are indicated in €. The Site specifies whether prices are inclusive of VAT.


5.2 Taxes and duties

(a) For deliveries within the EU/EEA, VAT applies according to the destination country.

(b) For deliveries outside the EU/EEA, customs duties and import taxes may apply and remain the responsibility of the Customer unless otherwise stated.


5.3 Delivery charges

Delivery, transport, or insurance fees are indicated before Order validation.


5.4 Promotions – discount codes

Promotion conditions (period, eligible products, non-cumulability, thresholds, exclusions) are specified on the Site and/or at the time of code application.


5.5 Previous price rule (30 days)

Where a price reduction is announced, the “previous price” corresponds to the lowest price applied during the 30 days preceding the reduction, in accordance with Irish regulations (S.I. No. 597/2022).

For successive reductions within the same campaign, the reference price remains the one applicable before the first reduction.


5.6 Recalculation of conditional offers

If a promotion depends on a minimum amount or quantity and a partial return causes conditions to no longer be met, the discount is recalculated and the refund adjusted accordingly (without prejudice to statutory rights).

Free gifts must be returned if eligibility conditions are no longer met, or may be retained upon payment of their non-discounted value if this option was offered.


5.7 Free shipping threshold

If free shipping was granted subject to a minimum threshold and a return reduces the Order below that threshold, initial shipping costs may be deducted from the refund, provided this was clearly disclosed before purchase and complies with applicable law.

 


 

 

Article 6 – Payment – Security – Instalment Payment (BNPL) – Anti-Fraud

 


6.1 Timing of payment

Payment is due upon Order validation (or according to the instalment schedule where applicable).


6.2 Accepted payment methods

Accepted methods: credit/debit card, PayPal, Klarna, Alma.

Payments are processed via PayPal, Shopify Payments, or Mollie.


6.3 Security

Payments are processed through secure payment solutions. The Company does not store full card details except where necessary and legally permitted, typically via certified providers.


6.4 Instalment payments (3x/4x – BNPL)

Where offered, instalment payments are provided by Klarna or Alma. Acceptance may depend on the provider’s eligibility criteria and automated assessment. Any BNPL contract is governed by the provider’s terms in addition to these T&Cs.


6.5 Payment refusal – default

In case of payment refusal or default, the Company may suspend or cancel the Order. For instalments, default may trigger immediate payment of outstanding amounts and/or cancellation, subject to applicable law.


6.6 Anti-fraud verification

The Company may implement anti-fraud verification procedures (identity verification, proof of address, consistency checks) and request supporting documents. Customers must redact non-necessary information to minimise data collection in compliance with GDPR.

 


 

 

Article 7 – Delivery – Timeframes – Transfer of Risk – Receipt

 


7.1 Delivery area

Europe.


7.2 Delivery time

Estimated delivery times are indicated before Order validation. Unless otherwise agreed, delivery occurs no later than 30 days after contract conclusion.


7.3 Delivery address responsibility

The Customer is responsible for the accuracy of delivery information. Incorrect or incomplete addresses may result in additional fees or delays.


7.4 Transfer of risk

Risk transfers to the Consumer when they, or a third party designated by them (other than the carrier), take physical possession of the goods.

If the Consumer chooses a carrier not proposed by the Company, risk may transfer upon handover to that carrier, as permitted by law.


7.5 Receipt – transport damage

Upon receipt, the Customer should inspect the parcel and Products. In case of visible damage, the Customer should contact customer service promptly (ideally within 48–72 hours) with photos to facilitate carrier claims. This does not affect statutory rights.

 

 

Article 8 – Right of Withdrawal – Returns – Refunds

 


8.1 Statutory right of withdrawal (14 days)

Unless exceptions apply, the Consumer has 14 days to withdraw from a distance contract without giving any reason.

The period runs from receipt of the Product (or the last Product in case of split delivery).


8.2 Exercise of the right

To exercise the right, the Consumer must notify the Company of their decision by means of an unambiguous statement (email or letter) or by using the model withdrawal form below before expiry of the 14-day period.


8.3 Effects – refund (within 14 days) – possible withholding

The Company reimburses all payments received, including standard delivery costs (excluding additional costs arising from a more expensive delivery method chosen by the Customer), without undue delay and no later than 14 days from being informed of the withdrawal decision.

The Company may withhold reimbursement until it has received the goods back or the Consumer has provided proof of return, whichever occurs first.


8.4 Return of goods

The Consumer must return the goods without undue delay and no later than 14 days after notifying withdrawal.

Direct return costs are borne by the Consumer unless otherwise stated prior to purchase.


Return address:

Gemmalog / KDML RETAIL LIMITED

4 rue du champ de Montigny

49080 Bouchemaine

France


8.5 Condition of goods – depreciation

The Consumer is liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

Opening packaging alone does not justify refusal of refund. However, a proportionate deduction may apply if justified.


8.6 Exceptions (Article 16 Directive 2011/83/EU)

The right of withdrawal does not apply in cases provided by law, including:

– personalised goods

– sealed goods unsealed for hygiene/health reasons

– goods liable to deteriorate rapidly

Where applicable, this is clearly indicated on the Product page and/or at checkout.


8.7 Extended commercial return policy (optional)

If the Company offers a more favourable commercial policy (e.g. 30 days), this applies in addition to the statutory 14-day right and does not limit statutory rights.


8.8 Model withdrawal form


To: KDML Retail Limited – Customer Service

Gemmalog / KDML RETAIL LIMITED

4 rue du champ de Montigny

49080 Bouchemaine

Email: support@kossdesign.com


I hereby notify you of my withdrawal from the contract for the sale of the following goods:


Product(s): __________________________

Ordered on: ____ / ____ / ______

Received on: ____ / ____ / ______

Order number: __________________________

Consumer name: __________________________

Consumer address: __________________________

Signature (if on paper): __________________________

Date: ____ / ____ / ______

 


 

 

Article 9 – Legal Guarantees – Conformity – Remedies (Irish Law)

 


9.1 Statutory consumer rights

Products sold to Consumers benefit from statutory rights under Irish law, including in cases of non-conformity.

Where goods are not in conformity, the Consumer has rights including:


(a) the short-term right to terminate (Consumer Rights Act 2022, sections 23–24)

(b) the right to repair or replacement (section 25)

(c) failing that, the final right to terminate or a price reduction (section 26)


9.2 Procedure

In case of defect, non-conformity, or missing item, the Customer contacts support@kossdesign.com with a description and, where possible, photos or videos.

The Company will provide a remedy consistent with applicable law.


9.3 Commercial warranty (if applicable)

If an additional commercial warranty is offered (e.g. 6-month extension on certain bracelets), its scope and conditions are described on the Site and apply without limiting statutory rights.

 


 

 

Article 10 – Product Safety – Recalls – Compliance

 


10.1 Safety framework

The Company complies with applicable product safety requirements, including Regulation (EU) 2023/988 (General Product Safety Regulation).


10.2 Recalls / corrective measures

In case of safety alert or recall, the Company may contact affected Customers and implement appropriate corrective measures: suspension of sales, recall, repair, replacement, or refund.

 


 

 

Article 11 – Customer Reviews – Content – Fake Review Prevention

 


11.1 Reviews

Customers agree to post accurate, lawful, non-misleading content respecting third-party rights.


11.2 Moderation

The Company may moderate, refuse, or remove manifestly unlawful, fraudulent, abusive, or irrelevant content.


11.3 Fake reviews

Reasonable measures are implemented to prevent fake reviews (e.g. linking reviews to verified purchases, marking “verified purchase”, removal of fraudulent content).

 


 

 

Article 12 – Intellectual Property

 


The sale of Products does not transfer any intellectual property rights.

Trademarks, content, visuals, software, databases, and domain names remain the property of the Company or their respective owners.

Unauthorised reproduction or exploitation is prohibited.

 


 

 

Article 13 – Personal Data – Cookies – International Transfers – Retention

 


13.1 Reference to Privacy Policy

Personal data processing is described in the Site’s Privacy Policy. Cookie use is detailed in the Cookie Policy.


13.2 Cookies

Non-essential cookies require user consent, except strictly necessary cookies.


13.3 Transfers outside the EEA

Where data transfers outside the EEA occur, they are safeguarded by mechanisms such as Standard Contractual Clauses (SCC 2021/914) and/or the EU–US Data Privacy Framework, in accordance with GDPR Chapter V.


13.4 Supervisory authority

Customers may lodge complaints with the Irish Data Protection Commission (DPC).


13.5 Retention periods

Accounting and billing records may be retained for at least 6 years under the Companies Act 2014. Full retention details are provided in the Privacy Policy.

 


 

 

Article 14 – Liability – Consumer Law Compliance

 


14.1 Principle

The Company is liable for performance of the Contract in accordance with law.


14.2 Mandatory rights

Nothing in these T&Cs excludes or limits mandatory consumer rights relating to conformity, safety, withdrawal, or non-excludable liability.


14.3 Indirect damages

To the extent permitted by law and without prejudice to statutory rights, the Company is not liable for indirect damages (loss of opportunity, loss of profit, etc.).


14.4 Misuse

The Company is not liable for damages resulting from manifestly improper use or unauthorised modification, without prejudice to statutory safety rights.

 


 

 

Article 15 – Force Majeure

 


The Company shall not be liable for delay or non-performance resulting from events beyond its reasonable control for the duration of such event.

 


 

 

Article 16 – Archiving – Evidence

 


16.1 Evidence

Company electronic records (orders, payments, confirmations, communications) constitute evidence of transactions unless proven otherwise.


16.2 Archiving

Order confirmations and invoices are provided electronically (durable medium). The Company retains certain documents in accordance with legal obligations and its Privacy Policy.

 


 

 

Article 17 – Dispute Resolution – Complaints – ADR – End of ODR

 


17.1 Customer service

Customers should contact: support@kossdesign.com


17.2 ADR (Ireland)

Consumers may access alternative dispute resolution (ADR) where available under Irish regulations (S.I. No. 343/2015). The Company will indicate whether it commits to ADR participation.


17.3 ODR platform

The EU Online Dispute Resolution (ODR) platform has been discontinued pursuant to Regulation (EU) 2024/3228.

 


 

 

Article 18 – Governing Law – Jurisdiction

 


18.1 Governing law

These T&Cs and Contracts are governed by Irish law.


18.2 Consumer protection clause

If the Customer resides in another EU/EEA Member State, mandatory consumer protection provisions of their country of residence remain applicable where required by EU private international law rules.

 


 

 

Article 19 – Severability – Waiver – Final Provisions

 


19.1 Severability

If any clause is declared invalid or unenforceable, the remaining provisions remain in effect.


19.2 No waiver

Failure by the Company to enforce any provision does not constitute waiver.


19.3 Contact

For any questions: support@kossdesign.com

 


 

Last updated: 21 February 2026