Terms of sale
TERMS AND CONDITIONS OF SALE KAIJU
1.COMPANY
Kaiju, a simplified joint-stock company (société par actions simplifiée) whose registered office is located at 6 place du Président Thomas Woodrow Wilson – 31000 Toulouse, France,
registered with the Trade and Companies Register of Toulouse under number 934 815 127 RCS Toulouse, hereinafter referred to as the “Company”.
2.DEFINITIONS
“Terms of Use” means the general terms governing the use of the Site.
“Terms and Conditions” means these terms and conditions of sale.
“Order” means the act by which the User purchases a Product from the Company via the Site.
“User Account” means the personal account available to the User on the Site allowing the User to place Orders and accessible through login credentials.
“Products” means the products marketed directly by the Company on the Site.
“Site” means the website operated by the Company at www.kaiju.eu and hosted on the Shopify platform.
“Device” means the computer, smartphone or tablet used by the User to access the Site.
“User” means any person using the Site to whom these Terms and Conditions apply. A User is deemed to be a consumer within the meaning of applicable consumer protection legislation.
3.PURPOSE
These Terms and Conditions set out the terms governing the purchase of Products via the Site. They apply to both one-off purchases and subscription purchases with automatic renewal.
The Company acts exclusively as the professional seller of the Products. There are no third-party sellers or intermediaries. The Company is solely responsible for the marketing, sale, shipment, invoicing and after-sales service relating to the Products.
4.PRODUCTS
4.1. General provisions
The Products offered for sale consist of food products and/or food supplements within the meaning of applicable European and UK legislation, including Directive 2002/46/EC.
Product information (including ingredients, allergens, nutritional values and usage instructions) is provided on the product pages and/or product labelling in accordance with applicable food information regulations.
The Products are not medicinal products and are not intended to diagnose, treat, cure or prevent any disease.
Nutrition and health claims are used in accordance with Regulation (EC) No. 1924/2006 and the applicable retained EU law in the United Kingdom. No specific approval by the European Food Safety Authority (EFSA) is claimed beyond authorised claims under applicable law.
The performance of sponsored athletes does not constitute a guarantee of results. Athletic performance depends on numerous individual factors including genetics, training, nutrition and recovery. The User acknowledges that use of the Products does not guarantee any specific performance outcome.
4.2. Warning
The Products must be used in accordance with the instructions provided. They should not be used as a substitute for a varied and balanced diet. The recommended daily dose must not be exceeded. Products should be kept out of reach of children.
Some Products contain caffeine. Caffeine content (mg per serving and per recommended daily intake) is stated on the label.
High caffeine Products are not recommended for children, pregnant or breastfeeding women, or individuals sensitive to caffeine. The Company recommends that high caffeine products are used by adults aged 18+ only.
Users shall not exceed the recommended daily intake. Avoid consuming additional caffeine from other sources (e.g., coffee, energy drinks, pre-workout) at the same time. Excess caffeine may cause nervousness, anxiety, sleep disturbance, increased heart rate or other adverse effects. The User should stop using the Product and seek medical advice if experiencing adverse effects.
4.3.Products recall
The Company takes product safety seriously and complies with applicable food safety and consumer protection regulations.
If the Company becomes aware of any safety concern affecting a Product, including but not limited to contamination, mislabelling or regulatory non-compliance, the Company reserves the right to take appropriate corrective action. Such action may include issuing safety notices, requesting the return of affected Products, or conducting a product recall.
Where a Product recall is initiated, the Company will use reasonable efforts to notify affected customers and provide instructions regarding the return, replacement or refund of the relevant Product.
Users agree to comply with any reasonable safety instructions issued by the Company in connection with such corrective actions.
5.ACCEPTANCE OF THE TERMS AND CONDITIONS
By validating an Order, Users acknowledge that they have read, understood and accepted these Terms and Conditions without reservation.
The Terms and Conditions applicable to an Order are those in force at the time the Order is placed, or at the time of renewal in the case of a subscription.
The Company reserves the right to amend these Terms and Conditions at any time. Users are therefore invited to consult the Terms and Conditions prior to placing any Order.
6. ORDER PROCESS
6.1. Placing an Order
Orders may be placed exclusively through the Site using the ordering process available on the Site. Users are not required to create a User Account to place an Order.
When placing an Order, the User must confirm the Order through the double-click validation process. The User must review and, where necessary, correct the contents of the shopping cart before confirming the Order, including product identification, quantity, price, delivery method and delivery costs.
Once payment has been completed, the Order is deemed confirmed and the Company undertakes to deliver the Products.
Information provided by the User during the ordering process (or through the User Account, where applicable) will be used to process the Order in accordance with the Privacy Policy.
6.2. Order confirmation
Following completion of the Order process, the Company will send the User an order confirmation email summarising the Order and including the Order number.
The confirmation email is sent to the email address provided during checkout. The Order confirmation email does not constitute an invoice. The invoice may be provided separately upon request in accordance with Article 9.
If the User does not receive a confirmation email, they are invited to check their spam folder and contact the Company if necessary.
6.3. Order cancellation
The Company reserves the right to refuse or cancel any Order in the event of suspected fraud, manifest anomaly, or use of the Products for commercial, professional or resale purposes.
If a Product becomes unavailable after the Order has been placed, the User will be informed as soon as possible. Where applicable, the Company will refund the price paid for the unavailable Product, including any delivery costs, using the same payment method used by the User. Refunds will be processed within ten (10) working days.
7. RIGHT OF WITHDRAWAL
7.1. Withdrawal period
Where the User is acting as a consumer, the User has a 14-day cancellation period.
This period begins on the day following delivery of the Products. For Orders involving multiple Products delivered separately, the period begins on the day the last Product is received.
The User may exercise this right without providing any reason.
7.2. Exercising of the right of withdrawal
To exercise the right of withdrawal, the User must notify the Company of their decision to cancel the contract and provide: order number, name and address, products concerned, order date and delivery date.
The Company will acknowledge receipt of the cancellation request and provide return instructions.
Products must be returned within 14 days of notification of withdrawal.
Return shipping costs are borne by the User.
Returned Products must be unopened, in their original packaging, and in a condition suitable for resale. Returns of opened, damaged or incomplete Products may be refused.
7.3. Refunds
Where the right of withdrawal is validly exercised, the Company will refund the purchase price of the Products and the standard delivery costs.
Refunds will be issued within 14 days of receiving the returned Products or proof of return shipment.
Refunds will be processed using the original payment method.
7.4. Exceptions to the right of withdrawal
The right of withdrawal does not apply to:
- Goods made to the consumer’s specifications or clearly personalised
- Goods liable to deteriorate or expire rapidly
- Sealed goods which are not suitable for return for health protection or hygiene reasons once unsealed
- Goods which become inseparably mixed with other items after delivery.
8.PRICE
8.1. General provisions
The price of each Product is displayed on the relevant product page. Prices include applicable VAT.
Prices may be displayed in euros or pounds sterling depending on the delivery location. Delivery costs and optional services are not included unless stated otherwise.
Payment is due immediately upon placing the Order.
8.2. Discount codes
From time to time, the Company may issue promotional discount codes (“Codes”) via email or other marketing channels. These Codes may be used to apply a discount to a new Order. To apply a Code, the User must enter it in the designated field during the checkout process.
Codes are valid for a limited period only, as specified in the relevant email or marketing communication, and cannot be used outside that period.
Unless expressly stated otherwise in the relevant email or marketing communication, Codes may only be used on full-price items and cannot be applied to products that are already subject to a temporary promotion or discount.
Only one Code may be applied per Order. Codes cannot be combined with any other offers, promotions or discounts.
Codes do not apply to delivery or shipping charges.
If Products purchased using a Code are returned, refunds will be issued based on the discounted price paid. Where a discount has been applied to multiple Products in an Order, the discount will be allocated proportionally across the relevant Products.
If an Order qualifies for a Code based on a minimum order value and one or more Products purchased using the Code are subsequently returned, causing the Order value to fall below the minimum threshold required for the Code, the value of the discount may be deducted from any refund issued. No additional discount will apply to replacement Products issued following a return.
All Orders are subject to product availability and acceptance by the Company. The Company reserves the right to refuse or cancel any Order where a Code is not valid for the relevant Order, has been used improperly, or where fraudulent activity is suspected.
The Company reserves the right to invalidate or refuse any promotional Code where it reasonably suspects that the Code has been shared, published or otherwise distributed on public coupon websites or similar platforms without authorization. Codes are issued for the intended recipients only and must not be reproduced, transferred, sold or otherwise distributed without the Company’s prior written consent.
Promotional Codes issued through ambassadors or athletes are provided for marketing purposes only and may be withdrawn or amended at any time without notice.
Specific terms and conditions relating to each Code will be provided in the relevant marketing communication. Additional information relating to the use of a particular Code may be included in the email or marketing material in which the Code is issued.
9. PAYMENT TERMS
Payment is made directly to the Company.
Payments made on the Site are processed through Shopify checkout and via secure online payment providers compliant with PCI-DSS standards. Accepted payment methods include: credit/debit card, PayPal and Apple Pay. The use of PayPal or Apple Pay is subject to their own terms of service.
Failure to complete payment will result in cancellation of the Order.
Invoices may be provided electronically upon request.
10. SUBSCRIPTION – AUTOMATIC RENEWAL
Certain Products may be offered via subscription with recurring deliveries.
Where a User purchases a Product on subscription, such User authorises the Company to charge the payment method provided at the price and frequency shown at checkout (plus any applicable delivery charges and taxes) until such subscription is paused or canceled.
Unless the subscription is cancelled or paused before the next scheduled billing date shown in the User Account (or in the renewal notice sent), the subscription will automatically renew and we will take payment prior to dispatch of the next shipment.
The Company will send the User a reminder notice before each renewal/charge (or in accordance with the renewal cadence presented at checkout and in the User Account), stating the amount to be charged, the billing date and how to cancel.
The subscription can be canceled or paused at any time:
- through the User Account; or
- by contacting the Company using the details in the “Contact” section.
Cancellation will take effect for the next Order that has not yet been generated/processed. If an Order has already been generated/processed, it will be treated as a one-off Order and cannot be cancelled, but the User may still be able to return it under the cancellation/returns section (if eligible).
If the subscription price changes, the Company will notify the User in advance. The new price will apply from the next renewal after the notice, unless the User cancels before that renewal.
If a payment fails, the Company may retry the charge and/or suspend the subscription until payment is successfully taken. The Company will notify the User if it cannot process payment.
The Company does not charge a cancellation fee for subscriptions.
11. DELIVERY
11.1.Delivery conditions
Products may be delivered within the European Union and the United Kingdom.
Delivery options and estimated delivery times are provided during checkout. Products are packaged to ensure adequate protection during transport.
11.2.Delivery time
The Company will notify the User by email when the Products are dispatched and provide tracking information where available.
Delivery times depend on the shipping method selected. While the Company will use reasonable efforts to ensure timely delivery, delivery services are provided by third-party carriers and the Company cannot guarantee delivery times.
If delivery is delayed by more than 30 days, the User may cancel the contract and request a refund in accordance with Article 15.
12. PRODUCTS INSPECTION AND RETURNS
Upon delivery, the User has 14 days to verify that the Products are not damaged and that all components are present.
Such 14-day period starts on the day following delivery of the Products to the User (or any third party mandated). In the event such 14-day period expires on a Saturday, Sunday or a bank holiday, it should be extended until the next business day.
If a Product is damaged or incomplete, the User must contact the Company to arrange an appropriate solution, in accordance with article 15.
The Company will cover the return costs for defective or damaged Products.
13.WARRANTIES
13.1.Legal warranties
The Company must supply Products that are:
- As described
- Of satisfactory quality
- Fit for their intended purpose
Where Products do not meet these requirements, the User may be entitled to repair, replacement, price reduction or refund.
13.2.Exercise of the warranties
In order to exercise the warranties, the User shall contact directly the Company or, as the case may be, through the User Account, to seek an amicable solution in accordance with article 15.
14. LIMITATION OF LIABILITY
14.1.Contractual limitations
Nothing in these Terms and Conditions limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability that cannot be limited or excluded under applicable law.
Subject to the above, the Company is not liable for:
- losses that were not foreseeable at the time the contract was formed
- business losses (including loss of profit, loss of revenue, loss of business, loss of contracts, loss of goodwill or business interruption);
- indirect or consequential losses; or
- losses arising from your failure to follow instructions, warnings or recommended use, or from misuse, excessive use, or use in combination with medicines or contraindicated substances.
To the fullest extent permitted by law, the Company does not guarantee any specific athletic, performance or physiological results from the use of Products. Individual responses vary.
The liability of the Company for all losses arising under or in connection with a contract for Products shall not exceed the total amount paid by the User for the relevant Order.
14.2.Force majeure
The Company shall not be held liable where failure to perform obligations results from events beyond its reasonable control, including but not limited to natural disasters, transport disruption, or supply chain interruption.
15. CUSTOMER COMPLAINTS
In the event of a complaint regarding withdrawal rights, delivery or product quality, the Company will use its best efforts to resolve the matter amicably within three (3) working days.
16. DISPUTES RESOLUTION
Users must first contact the Company to seek an amicable resolution.
Complaints may be sent to the contact details provided in article 18.
Consumers may also access the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/
Where applicable, consumers in the United Kingdom may use an Alternative Dispute Resolution (ADR) body under the Alternative Dispute Resolution for Consumer Disputes Regulations 2015.
17. GOVERNING LAW
These Terms and Conditions are governed by French law.
However, consumers residing in the United Kingdom or the European Union may benefit from the mandatory consumer protection rules applicable in their country of residence.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Where permitted by applicable law, any dispute arising in connection with these Terms and Conditions shall be subject to the jurisdiction of the competent courts of Toulouse, France.
18. CONTACT
The Company may be contacted:
- By post: 6 place du Président Thomas Woodrow Wilson, 31000 Toulouse, France
- By email: hey@the-kaiju.com
