Terms and conditions of use

 

General Terms of Use and Sale

 


These General Terms of Use and Sale (the “Terms”) govern access to, use of, and purchases made on the e-commerce website operated by KDML Retail Limited. They are drafted to be legally robust under Irish law and European Union law applicable in 2025–2026 (notably: Directive 2000/31/EC, Directive 2011/83/EU, Consumer Rights Act 2022, GDPR, GPSR 2023/988), and must be used together with a separate Privacy Policy and Cookie Policy accessible on the Site (Directive 2000/31/EC, Articles 5 and 10; GDPR, Article 13).

 


 

 

Presentation, Definitions, Scope

 


 

Publisher / Seller / Operator

 


The Site is operated by:


KDML Retail Limited, a company incorporated under Irish law, registered under number 725523, whose registered office is located at:


The Lighthouse, George Street Lower

Dún Laoghaire, Dublin, A96R2N2

Ireland


(hereinafter “KDML”, “we”, “us”, “our”).

(Directive 2000/31/EC, Article 5)

 


 

 

Contact Details

 


Email: support@kossdesign.com

Telephone: CUSTOMER SERVICE PHONE NUMBER TO BE PROVIDED

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

VAT number: VAT NUMBER TO BE PROVIDED

(Directive 2000/31/EC, Article 5)

 


 

 

Hosting Provider

 


HOSTING PROVIDER (NAME/ADDRESS) TO BE PROVIDED

 


 

 

Definitions

 


“Site”: the website accessible notably at www.kossdesign.fr and its related domains.

“Customer”: any person placing an order on the Site.

“Consumer”: any natural person acting for purposes outside their trade, business, craft or profession (Directive 2011/83/EU).

“Products”: the goods (and, where applicable, digital content/services) offered for sale on the Site.

“Account”: personal space allowing the Customer to access certain features.

 


 

 

Purpose and Acceptance

 


These Terms govern:

(i) access to and use of the Site; and

(ii) the online sale of Products.


Any browsing and/or order implies full and unconditional acceptance of these Terms in force at the time of use or order.

 


 

 

Priority of Documents

 


In the event of contradiction between help pages/FAQ and these Terms, these Terms shall prevail, subject to mandatory legal provisions.

 


 

 

Language and Storage / Reproduction

 


The contract may be concluded in: LANGUAGE(S) TO BE PROVIDED.


These Terms are made available in a manner that allows the Customer to store and reproduce them (printing, downloading, saving) (Directive 2000/31/EC, Article 10(3)).

 


 

 

Access to the Site, Customer Account, Rules of Use

 


 

Access to the Site

 


The Site is in principle accessible 24/7, subject to maintenance, technical operations, breakdowns, or events beyond our control. We may suspend access for security or maintenance reasons.

 


 

 

Account Creation

 


Creating an Account may be required to place an order. The Customer undertakes to provide accurate information and keep it up to date. The Customer is responsible for maintaining the confidentiality of login credentials and for all activities carried out through their Account.

 


 

 

Age and Legal Capacity

 


The Customer declares having the legal capacity to enter into contracts. Failing this, the order must be placed under the responsibility of a legal representative. For certain features (e.g. instalment payments), a minimum age may be required by the payment/BNPL provider.

 


 

 

Proper Use and Prohibitions

 


It is prohibited in particular to:


(i) use the Site for fraudulent, unlawful, or third-party rights-infringing purposes;

(ii) interfere with the integrity, security, or proper functioning of the Site (e.g. data extraction, scraping, unauthorised penetration testing);

(iii) impersonate a third party;

(iv) publish unlawful content.

 


 

 

Suspension / Termination

 


In case of serious breach (fraud, abusive use, security breach, unlawful content, payment incident), we may suspend or close an Account, refuse an order, or cancel a transaction, in compliance with mandatory Consumer rights and applicable legal obligations.

 


 

 

Ordering Process, Formation of Contract, Prices and Promotions

 


 

Pre-contractual Information and Technical Steps

 


Before order confirmation, the Customer is clearly informed of the essential characteristics of the Products, price, taxes, delivery costs, payment and delivery arrangements, as well as withdrawal and return conditions (Directive 2011/83/EU; S.I. No. 484/2013).


In accordance with e-commerce law, the Site specifies:

(i) the technical steps to conclude the contract;

(ii) whether the contract will be archived and accessible;

(iii) the means to identify and correct input errors before confirmation;

(iv) the languages offered (Directive 2000/31/EC, Article 10(1)).

 


 

 

Order Validation

 


The order process is formed as follows:

Product selection → cart → identification/contact details → delivery choice → payment choice → final review → confirmation with payment obligation.


The Customer may correct input errors before final confirmation (Directive 2000/31/EC, Article 11(2)).

 


 

 

Acknowledgment and Confirmation

 


We acknowledge receipt of the order without undue delay by electronic means (e.g. email). The order and acknowledgment are deemed received when the parties are able to access them (Directive 2000/31/EC, Article 11(1)).


The sales contract is deemed concluded when:

(A) payment is accepted (or authorised), and

(B) the order is confirmed by us (or dispatched), subject to anti-fraud checks.

 


 

 

Availability

 


Offers are valid while stocks last. In case of unavailability after order, we inform the Customer and refund the amounts paid for unavailable Products.

 


 

 

Prices, Taxes, Currency

 


Prices are indicated in €. They are displayed inclusive of VAT and specify whether taxes and delivery charges are included (Directive 2000/31/EC, Article 5(2)).


For deliveries outside the EU/EEA, customs duties or local taxes may apply and remain the Customer’s responsibility unless otherwise stated.

 


 

 

Promotions and “Previous Price” Rule (30 Days)

 


Where a price reduction is announced (percentage, “sale”, “promotion”, “was/now”), the previous price displayed corresponds to the lowest price applied by KDML during at least the 30 days prior to the reduction, in accordance with Irish price indication regulations (S.I. No. 597/2022).


In case of successive reductions within the same campaign, the reference previous price remains the one applied before the first reduction.


Promotions are valid for the stated period and under the conditions indicated on the Site.

 


 

 

Payment, Anti-Fraud, Delivery, Transfer of Risk

 


 

Payment Methods

 


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

Payments are processed by PayPal, Shopify Payments and Mollie.


Any fee related to the use of a payment method must comply with applicable law (Directive 2011/83/EU; S.I. No. 484/2013).

 


 

 

Instalment Payment / BNPL (3x/4x)

 


Instalment payment or “Buy Now Pay Later” (BNPL), where offered, is provided by Alma and Klarna. Eligibility may depend on automated assessment and/or identity and anti-fraud checks by the provider.


The BNPL agreement may be governed by the provider’s terms in addition to these Terms.

 


 

 

Anti-Fraud Checks

 


We may implement fraud-prevention controls (consistency checks, fraud databases, requests for additional information). In case of anomaly, we may suspend order processing, request supporting documents, or cancel the order where reasonably justified, without prejudice to Consumer rights.

 


 

 

Delivery – Areas, Timeframes, Costs

 


Delivery areas: Europe

Indicative timeframe: 3–12 days (excluding force majeure and peak periods).

Delivery costs: indicated before order confirmation.

 


 

 

Transfer of Risk

 


Where KDML dispatches Products to a Consumer, the risk of loss or damage transfers to the Consumer when the Consumer, or a third party designated by them (other than the carrier), takes physical possession of the Products (Directive 2011/83/EU, Article 20; S.I. No. 484/2013).


If the Consumer chooses a carrier other than the one proposed by KDML, risk may transfer upon handover to that carrier, in accordance with applicable law.

 


 

 

Delivery Reservations

 


In case of damaged or missing parcel, the Customer must (i) make reservations with the carrier where possible, and (ii) contact customer service promptly.

 


 

 

Withdrawal, Returns, Refunds, Consumer Guarantees

 


 

Right of Withdrawal (14 Days) – Consumers

 


For distance contracts, the Consumer has in principle 14 days to withdraw without giving reasons, starting from receipt of the Products (Directive 2011/83/EU, Article 9; S.I. No. 484/2013).


To exercise the right, the Consumer must notify their decision in an unambiguous manner before expiry of the period.

 


 

 

Effects of Withdrawal

 


In case of valid withdrawal, KDML refunds all payments received for the relevant Product(s), including standard delivery costs (excluding additional costs for more expensive delivery chosen by the Customer), in accordance with applicable law (Directive 2011/83/EU, Articles 13–14; S.I. No. 484/2013).


Refunds are made using the same payment method as the original transaction, unless expressly agreed otherwise.

 


 

 

Return of Products

 


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


Unless otherwise indicated, the Consumer bears the direct cost of returning the Products.


Return address:


Gemmalog / KDML RETAIL LIMITED

4 rue du champ de Montigny

49080 Bouchemaine

France

 


 

 

Diminished Value

 


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

 


 

 

Exceptions to Withdrawal

 


The right of withdrawal does not apply in particular to cases listed under EU law, including personalised goods, goods liable to deteriorate rapidly, sealed goods not suitable for return for hygiene reasons once unsealed, etc. (Directive 2011/83/EU, Article 16; S.I. No. 484/2013).


If certain Products fall under these exceptions, this will be clearly indicated on the product page and/or at checkout.

 


 

 

Returns Beyond Withdrawal (Commercial Policy)

 


Any additional commercial return/exchange policy beyond the statutory right is: COMMERCIAL POLICY TO BE PROVIDED, and does not limit statutory Consumer rights.

 


 

 

Legal Guarantees – Consumer Rights Act 2022

 


Consumers benefit from statutory rights under the Consumer Rights Act 2022.


Where goods are not in conformity, the Consumer may benefit from remedies including:

 

  • short-term right to terminate (sections 23–24);

  • repair or replacement;

  • price reduction or final right to terminate (section 26).

 


These rights apply in addition to any commercial guarantee offered.

 


 

 

Commercial Guarantees (Optional)

 


If KDML or a manufacturer provides a commercial guarantee, its terms (duration, scope, exclusions) are specified separately and do not affect statutory rights.

 


 

 

Product Safety, Recalls, User Content, IP, Liability, Disputes

 


 

Product Safety and Recalls

 


KDML complies with EU and Irish product safety requirements, including Regulation (EU) 2023/988 and its Irish implementation (S.I. No. 726/2024).


In case of product recall or safety alert, KDML may contact affected Customers and implement appropriate corrective measures.

 


 

 

Reviews and User Content

 


Customers may publish reviews where permitted. Customers guarantee they hold necessary rights and that content is lawful and accurate.


KDML may moderate or remove unlawful content.


Reasonable measures are implemented to limit fake reviews (verified purchase, moderation).

 


 

 

Intellectual Property

 


The Site and its content are protected by intellectual property law. Any unauthorised reproduction or use is prohibited.


A limited, personal, non-exclusive, non-transferable licence is granted to access and use the Site in accordance with these Terms.

 


 

 

Liability

 


KDML uses reasonable efforts to ensure proper functioning of the Site but does not guarantee absence of errors or interruptions.


Nothing in these Terms excludes or limits mandatory Consumer rights.


To the extent permitted by law, KDML is not liable for indirect damages.

 


 

 

Force Majeure

 


KDML shall not be liable for delay or failure due to events beyond reasonable control.

 


 

 

Personal Data and Cookies

 


Personal data processing is described in the Privacy Policy (GDPR, Article 13).

Cookies are described in the Cookie Policy.


Non-essential cookies require user consent under Irish ePrivacy rules.


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

 


 

 

Customer Service and Complaints

 


For any question or complaint: support@kossdesign.com.

 


 

 

ADR and ODR

 


Consumers may use alternative dispute resolution (ADR) under S.I. No. 343/2015. KDML will indicate the competent ADR body where applicable.


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

 


 

 

Governing Law and Jurisdiction

 


These Terms are governed by Irish law.


If the Customer is a Consumer residing in another EU/EEA Member State, mandatory consumer protection provisions of their country of residence remain applicable under EU private international law (Rome I).

 


 

 

Severability

 


If any clause is invalid, the remaining provisions remain in force.

 


 

 

Modification

 


KDML may modify these Terms to reflect legal, technical or operational developments. The applicable Terms are those in force at the time of browsing and/or ordering.

 


 

Last updated: 21 February 2026