GENERAL TERMS AND CONDITIONS OF SALE
Article 1 — Purpose and Acceptance
These General Terms and Conditions of Sale govern, without restriction or reservation, all sales concluded between KamaBrasa, operating the website accessible at the same name and hereinafter referred to as the Seller, and any individual or legal entity acting as a consumer or professional wishing to acquire a product offered for sale and hereinafter referred to as the Customer. Any order placed on the website implies the Customer's full, complete, and unreserved acceptance of these General Terms and Conditions of Sale. The Customer expressly acknowledges having read them before validating their order and having had the necessary time to examine them. Failing acceptance, the Customer is invited not to finalize their order. The Seller reserves the right to modify these General Terms and Conditions of Sale at any time. The applicable conditions are those in force on the date of validation of the order by the Customer.
Article 2 — Products
The products offered for sale are those listed on the website on the date of consultation by the Customer, within the limits of available stock. Essential characteristics, prices, and delivery terms are specified on each product sheet. Photographs, illustrations, videos, and product descriptions are provided for informational purposes only. They do not have strict contractual value and may vary from the actual product, particularly concerning shades, ceramic finishes, textured patterns, enamel nuances, and visual rendering depending on lighting conditions. These variations, inherent in the manufacturing process and the very nature of the materials used, cannot in any way engage the Seller's responsibility or justify a request for return, refund, or compensation of any kind. The Seller reserves the right to modify at any time the composition, technical characteristics, colors, or presentation of its products, without prior notice and without obligation to individually inform Customers who have already placed an order, provided that these modifications do not substantially affect the ordered products.
Article 3 — Order
The Customer places an order directly on the website by following the online purchasing process. The final validation of the order, after acceptance of these General Terms and Conditions of Sale and payment confirmation, constitutes the definitive and irrevocable formation of the sales contract. Any order implies acceptance of the prices, descriptions, quantities, and characteristics of the products available for sale. The Seller reserves the discretionary right to refuse or cancel any order from a Customer with whom a previous dispute exists, from a Customer whose behavior is fraudulent, abusive, or contrary to these General Terms and Conditions of Sale, or in case of out-of-stock, prolonged unavailability, manifestly erroneous pricing, or any other circumstance deemed legitimate by the Seller. A confirmation email is sent to the Customer at the email address provided during the order. The Customer is solely responsible for the accuracy of the information provided during the order, particularly the email address and delivery address. Any input error incurring additional costs for re-delivery, return, address modification, or storage will be entirely and exclusively borne by the Customer, without any recourse against the Seller.
Article 4 — Price
Prices are indicated on the website in the currency corresponding to the Customer's country of delivery or consultation, and are notified to the Customer at the time of order finalization. Prices may be modified at any time by the Seller; products are invoiced based on the rates in force at the time of effective order validation. Prices are inclusive of all taxes for sales to consumers established in a European Union member country. For deliveries outside the European Union, any customs duties, import taxes, customs clearance fees, local administrative fees, and other applicable levies in the destination country are entirely and exclusively borne by the Customer, who is solely liable and solely responsible for their declaration to the competent authorities. The Seller cannot under any circumstances be held responsible for the nature, amount, or application of these fees, nor for any changes to them. Delivery costs are indicated to the Customer before final order validation.
Article 5 — Payment Terms
Payment is due immediately upon order. Accepted payment methods are notified to the Customer during the ordering process and may include credit card, payment in installments, electronic wallets, and any other payment solution offered on the website. The Customer guarantees the Seller that they have the necessary authorizations to use the chosen payment method and that this method provides sufficient funds to cover the entire order. The Seller reserves the right to suspend or cancel any order and any delivery in case of non-payment, partial payment, lack of authorization by banking organizations, detected fraud risk by security systems, chargeback procedure initiated by the Customer, or any other payment anomaly. In case of proven fraudulent payment, the Seller reserves the right to pursue all useful legal remedies and to transmit the necessary information to the competent authorities. In case of installment payment through a third-party provider, the specific conditions of that provider are added to these General Terms and Conditions of Sale. Any payment default with the provider falls under the direct relationship between the Customer and said provider, without involvement or responsibility of the Seller.
Article 6 — Delivery
Products are shipped to the delivery address indicated by the Customer when ordering. KamaBrasa delivers worldwide, subject to restrictions imposed by local regulations, partner carriers, and accessibility conditions of the delivery location. Delivery times are provided purely for informational purposes and estimated between five and fourteen business days from order confirmation, excluding periods of high demand, force majeure, or exceptional logistical constraints. These times do not constitute a firm contractual commitment by the Seller on a precise delivery date. Any eventual exceeding of the indicative times cannot justify the cancellation of the order, nor the payment of damages, nor the granting of any indemnity, unless otherwise required by mandatory legal provisions. Delivery is made on a pallet, in front of the indicated address. The unloading of the pallet, handling of the product, and its transport inside the Customer's premises are entirely and exclusively the responsibility of the Customer. The Customer is expressly invited to arrange adequate physical assistance, i.e., at least two able-bodied persons, for receipt, especially for models weighing more than twenty-five kilograms. At the time of delivery, the Customer is obliged to check the condition of the package, packaging, and product in the presence of the carrier. In case of apparent damage, the Customer must imperatively make precise, detailed, and circumstantial written reservations on the carrier's delivery note, the mention "damaged packaging" alone being insufficient, and inform customer service at support@kamabrasa.com within a maximum of three business days following receipt, accompanied by clear and explicit photographs. Any late, imprecise, insufficiently documented claim, or one that does not comply with this strict formalism, will be inadmissible, in accordance with Article L133-3 of the Commercial Code. The risk of loss and deterioration of the products is transferred to the Customer upon effective delivery of the package by the carrier. In the Customer's absence during delivery, additional storage, re-delivery, or return to warehouse fees may be charged and will be entirely borne by the Customer.
Article 7 — Right of Withdrawal
In accordance with Articles L221-18 et seq. of the Consumer Code, the consumer Customer residing in a European Union member state has a period of fourteen calendar days from the physical receipt of the product to exercise their right of withdrawal, without having to state reasons for their decision. Beyond this strict fourteen-day period, no request for withdrawal, return, or refund will be accepted, regardless of the reason invoked. To exercise this right, the Customer must notify their decision clearly, explicitly, and unequivocally, by email to support@kamabrasa.com, specifying their order number, full identity, and contact details. Any incomplete, ambiguous notification, or one that does not unequivocally identify the order, may be considered null and void. The product must be returned in strictly new, complete, never-used, never-lit, never subjected to any form of combustion or heating condition, in its strictly intact original packaging, with all its accessories, instructions, labels, screws, gaskets, protective films, and original elements, within a maximum of fourteen days following the notification of withdrawal. Any product returned in a condition other than strictly new, showing traces of use, cooking, heat, smoke, ashes, grease, excessive handling, soiling, scratches, or alteration of any kind, or whose original packaging is missing, damaged, opened beyond what is strictly necessary, incomplete, torn, crumpled, stained, written on, or modified, will be systematically refused and returned to the Customer at their exclusive expense, or will be subject to a depreciation that can be up to one hundred percent of the product's value, in accordance with Article L221-23 of the Consumer Code. Return costs, including packaging, palletization, transport, handling, insurance, any taxes, and administrative fees, are entirely and exclusively borne by the Customer. Given the weight and volume of the products, the Customer is expressly informed that they will have to use a professional carrier suitable for pallet transport, at their exclusive expense. The Seller assumes no responsibility for damages occurring during return transport, which will be considered attributable to the Customer. Reimbursement, if accepted after rigorous verification of the returned product, will be made within a maximum of fourteen days following the final validation of the return by the Seller, by the same payment method used during the order, less any depreciation for diminished value. The reimbursement will exclusively cover the purchase price of the product, excluding initial delivery costs which remain acquired by the Seller, return costs which remain the responsibility of the Customer, and any other incidental costs. The right of withdrawal does not apply outside the European Union, unless otherwise required by mandatory local provisions. For Customers residing outside the European Union, returns are subject to prior, express, written, and discretionary acceptance by the Seller, and to conditions defined on a case-by-case basis. No obligation of reimbursement rests with the Seller in this context.
Article 8 — Warranties
KamaBrasa offers its Customers a lifetime commercial warranty on the ceramic body of the kamados, as well as a two-year commercial warranty on metal parts such as the hinge, dampers, thermometer, and chassis. The commercial warranty exclusively covers proven manufacturing defects, under strictly normal use and in accordance with the Seller's recommendations. It notably excludes, and this list is not exhaustive, normal wear and tear, shocks, falls, enamel cracks related to rapid thermal variations commonly known as thermal shock, damage related to unsuitable use, faulty installation, lack of maintenance, or inadequate storage, damage related to the use of non-recommended fuels such as scented briquettes, impregnated charcoal, liquid fire starter near the ceramic, or any fuel not specifically suitable for kamado cooking, damage related to exposure to extreme weather conditions, cosmetic alterations such as surface scratches or micro-cracks in the enamel that do not affect the product's operation, as well as any modification, repair, disassembly, or intervention performed by a third party not approved by the Seller. The commercial warranty is strictly personal to the initial purchasing Customer and is neither transferable nor assignable. Any resale of the product automatically and definitively extinguishes the commercial warranty, without possible recourse. Independent of the commercial warranty above, the consumer Customer also benefits from the following legal warranties, which apply obligatorily and free of charge. The legal warranty of conformity provided for in Articles L217-3 et seq. of the Consumer Code is applicable for two years from the delivery of the goods. The warranty against hidden defects provided for in Articles 1641 et seq. of the Civil Code allows the buyer to request the cancellation of the sale or a reduction in the price in case of a hidden defect rendering the goods unfit for their intended use, under the conditions and deadlines provided by law. For any warranty claim, the Customer must contact customer service by email at support@kamabrasa.com by providing all necessary supporting documents, including clear photographs, the purchase invoice, and a detailed description of the alleged defect.
Article 9 — Liability
The Seller's liability cannot be engaged for any indirect damage resulting from the use or inability to use the ordered products, and notably, without this list being exhaustive, loss of enjoyment, loss of operation, loss of opportunity, damage to image, moral damage, or any other indirect damage. The Seller cannot be held responsible for damages resulting from non-compliant use, faulty installation, lack of maintenance, use by a third party, or any case of force majeure. In any event, and unless otherwise required by mandatory legal provisions, the Seller's total and cumulative liability, all types of damage combined and all causes combined, cannot exceed the amount actually paid by the Customer for the product at the origin of the dispute, excluding all other costs or compensation. The Seller cannot be held responsible for the non-performance or improper performance of the contract in case of force majeure, as defined by Article 1218 of the Civil Code and French jurisprudence. Cases of force majeure include, but are not limited to, strikes, wars, acts of terrorism, riots, epidemics and pandemics, natural disasters, fires, floods, raw material shortages, supplier delivery failures, carrier failures or delays, governmental, customs or regulatory restrictions, major computer failures, cyberattacks, and more generally any circumstance beyond the reasonable control of the Seller.
Article 10 — Intellectual Property
All elements comprising the website, including but not limited to, the brand, the name KamaBrasa, the logo, photographs, illustrations, videos, descriptive texts, product sheets, editorial content, graphic elements, source codes, the website structure, databases, and pictograms, are the exclusive property of the Seller or its partners, and are protected by applicable intellectual property laws. Any reproduction, representation, modification, adaptation, translation, commercial exploitation, distribution, transmission, or total or partial use, by any means and on any medium whatsoever, of any of these elements without the express, written, and prior authorization of the Seller is strictly prohibited and constitutes an act of infringement engaging the civil and criminal liability of its author, in accordance with Articles L335-2 et seq. of the Intellectual Property Code.
Article 11 — Personal Data
The processing of personal data is governed by the Seller's Privacy Policy, accessible on the website, which forms an integral part of these General Terms and Conditions of Sale.
Article 12 — Mediation and competent jurisdiction
These General Terms and Conditions of Sale and all operations arising therefrom are governed by French law, regardless of the Client's country of residence. In the event of a dispute, and prior to any legal action, the Client is imperatively invited to contact KamaBrasa customer service at support@kamabrasa.com in order to seek an amicable solution. This prior attempt at amicable resolution constitutes a mandatory step before any other action. In accordance with Article L612-1 of the French Consumer Code, consumer Clients may also have free recourse to the consumer mediation service CNPM Médiation Consommation, located at 27 avenue de la Libération, 42400 Saint-Chamond, and accessible online at cnpm-mediation-consommation.eu. The mediator can only be seized after a prior attempt at direct agreement with the Seller and within a period of less than one year from this complaint. Failing an amicable resolution, and to the extent permitted by law, any dispute will be subject to the exclusive jurisdiction of the French courts within the jurisdiction of the Seller's registered office, including in the event of multiple defendants, third-party proceedings or summary proceedings.
Article 13 — Miscellaneous provisions
If any of the stipulations of these General Terms and Conditions of Sale were declared null or unenforceable by a final court decision, the other stipulations would retain their full force and effect. The fact that the Seller does not avail itself at any given time of any of the stipulations of these General Terms and Conditions of Sale cannot be interpreted as a waiver of the right to avail itself of the same stipulation later. These General Terms and Conditions of Sale constitute the entire agreement between the Seller and the Client and prevail over any other document or prior exchange.
Executive Summary of the General Terms and Conditions of Sale
Any order automatically implies acceptance of the General Terms and Conditions of Sale. Photos and descriptions are indicative; variations in shade or finish cannot be invoked. The Seller may discretionarily refuse or cancel any suspicious, fraudulent order or one linked to a previous dispute. Prices are adapted to the country; customs duties outside the European Union remain the responsibility of the Client. Risk is transferred to the Client upon delivery by the carrier, which requires mandatory written reservations on the delivery note within three days in case of damage. The right of withdrawal is strictly limited to fourteen days in the European Union and does not exist outside the European Union unless expressly agreed. The commercial warranty is lifetime on ceramics and two years on metal, with numerous exclusions and is non-transferable. The Seller's liability is capped at the product price, force majeure extended to a great many cases. French law and French courts are imposed. Mandatory prior mediation goes through CNPM.