Terms of sale

General

The website of Kernom, which can be found at HTTPS://WWW.KERNOM.COM (the “Website”), is a platform created, developed and operated by Monday Noise SAS (”Monday Noise” or “us” or “we” ), a French corporation having its registered office located at 75, rue du Faubourg Saint-Martin 75010 Paris, France, registered at Paris Trade and Companies Register under number 894 743 293 and directed by Jeremy Savonet (President and R&D Director), Antoine Petroff (Director of Product) and Charles Riche (Business and Marketing Director) with a share capital of 32 317 euros. Monday Noise’s Terms and Conditions of Sale (the “General Terms of Sale”) create a contract between you as the customer (the “Customer”) and Monday Noise. The Customer shall be defined as a user who is a physical person (at the exclusion of companies) that purchases Monday Noise’s products, the RIDGE overdrive pedal (the “Product(s)”) for purposes not related to a professional activity, resale or distribution. All purchases intended for a professional use, a resale or a distribution are strictly prohibited and any person who does not qualify as a Customer shall contact Monday Noise’s Help Center at https://kernom.com/pages/contact-us for further information about Monday Noise’s selective distribution and its authorized dealers. Please read these General Terms of Sale carefully to ensure that you, the Customer, understand each provision. By placing an order to purchase Products and/or services (the “Services”) from Monday Noise through this Website or at one of Monday Noise’s retail stores, you are entering into a binding contract with Monday Noise and you accept and agree to be bound by these General Terms of Sale. In addition agree to Monday Noise’s General Terms of Use and Privacy Policy, which apply to your use of the Website generally. Monday Noise reserves the right to modify the present General Terms of Sale at any time and in its sole discretion. The updated General Terms of Sale will be in effect as of the “Last Updated Date” posted at the end of this page and will apply to any offer or order placed, whatever the previous relation between Monday Noise and the Customer. The Customer should review these General Terms of Sale prior to purchasing any Products through this Website. Your continued use of this Website and your purchase of any Products after modifications to these General Terms of Sale are posted will constitute your acceptance of an agreement to such modifications. Unless proved otherwise, all information registered on the site HTTPS://KERNOM.COM will be used as proof of all transaction(s) between Monday Noise and the Customer.

 

Order and payment

Placing an Order/Confirmation:

2.1. Orders can be placed on the website https://www.kernom.com

2.2. The Customer is responsible for verifying that the details of the order and the prices in the shopping cart are accurate. Once the Customer places the order, the order cannot be modified, and the Customer is responsible for it. After an order is placed, Monday Noise will send the Customer an electronic confirmation of the order (the “Order Confirmation”) to the e-mail address provided by the Customer. The Order Confirmation confirms receipt of the Customer’s order but does not automatically result in its acceptance by Monday Noise. Monday Noise reserves the right at any time after receiving an order placed by the Customer to accept or refuse the order for any reason, including but not limited to the reasons set forth in these General Terms of Sale.

2.3. Monday Noise reserves the right to modify the prices of the Products at any time and to correct pricing errors that may inadvertently occur. The purchase price of a Product will be the price listed on the Website at the time the Customer places an order for such Product, as confirmed in the Order Confirmation issued to the Customer.

2.4. Monday Noise will send the Order Confirmation to the Customer by electronic mail.

2.5. Invalid information provided by the Customer when placing an order may result in a delay in the processing of the order. Monday Noise will not be held liable for any delays caused by the Customer.

2.6. In the event that a Product is listed at an incorrect price due to an error, Monday Noise shall have the right to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the Customer has received an Order Confirmation and/or whether the Customer’s payment method has been charged. If you have been charged for an incorrectly priced Product and your order is cancelled, Monday Noise will promptly issue a refund in the amount of the incorrect price.

Stock and fraud control:

2.7. The Customer acknowledges that the Products offered for sale are subject to availability.

2.8. If a Product is out of stock, Monday Noise will endeavor to inform the Customer prior to sending the Order Confirmation.

2.9. Monday Noise reserves the right to cancel or to refuse to carry out any order containing incomplete or invalid information from the Customer (e.g., invalid or missing e-mail address, billing or shipping address, or other essential information), or any order placed by an insolvent Customer or a Customer with whom Monday Noise has had prior payment issues or disputes with. In such event, an e-mail will be sent to the Customer with notification of the order cancellation or refusal. In order to prevent fraud cases, Monday Noise is entitled to (i) request further information from a Customer and/or (ii) to limit an abnormally high number of orders.

2.10. Receipt of an Order Confirmation does not automatically result in an acceptance by Monday Noise. Monday Noise reserves the right to limit the quantity of Products ordered and the right to refuse to sell Products to any Customer under the circumstances described in the aforementioned provisions. If an order cannot be carried out or is cancelled or refused by Monday Noise, Monday Noise will notify the Customer by using the e-mail address provided by the Customer. The Customer will not be charged if his order has been cancelled or refused by Monday Noise. If the Customer was already charged for an order which is later cancelled or refused, Monday Noise will make a total refund.

Payment:

2.11. Various secured methods of payment are available for the purchase of Products made on the Website, including payments by credit cards and debit cards. Monday Noise will not charge the Customer until after he has placed an order for a Product through the Website, and the order has been received by Monday Noise, as confirmed by the Order Confirmation. Monday Noise will not fulfill a product order until payment in full has been validated and charged by Monday Noise.

All orders must be paid online in the currency of the country of residence of the Customer (except for the UAE where payments are made in USD) by one of the authorized means of payment offered on the Website.

Delivery and Shipment

Territories covered for Delivery:

3.1. Monday Noise only accepts orders for delivery in the territories to which it sells to through the Website. The list of eligible countries is subject to modification by Monday Noise. Orders for delivery to countries not included in the list cannot be processed by Monday Noise at this time.

The Customer is solely responsible for any shipping fees, custom duties and miscellaneous taxes for the return of a Product transported outside the Customer’s country of domicile. All fees for a Product return to Monday Noise shall be borne by the Customer in the event where the Customer places the order from a country where he is not domiciled or in the event where the Customer purchases the Product in one country but transports the Product to another country which is not the country of original purchase. Such returns must initially be made by informing Monday Noise’s Customer Care who will inform the Customer on how to do a proper return. All returns by the Customer are to be made with an accredited shipper that provides a tracking number. The Customer is solely responsible for ensuring that the Product arrives safely at Monday Noise’s return center.

Delivery:

3.2. An order will be generally delivered by the indicative delivery date stated in the Order Confirmation. Delivery dates are estimates only and may change depending on events outside of Monday Noise’s control, such as the carrier in charge of the delivery and the Customer’s location. Monday Noise is not liable for any shipment delays. If Monday Noise is unable to meet an estimated delivery date, Monday Noise will contact the Customer with a revised estimated delivery date. If Monday Noise is unable to deliver an order within thirty (30) days from the date of the Order Confirmation, the Customer is entitled to cancel his order, upon which he will be refunded the amount of the cancelled order.

3.3. The delivery will be fulfilled when the Products are delivered to the delivery address provided by the Customer at its own responsibility.

3.4. If no one is available at the Customer’s address to sign for the delivery, the carrier will leave a delivery note with instructions for the Customer to reschedule delivery within a time period specified by the carrier or alternatively to pick up the order at the local depot as instructed by the carrier.

3.5. If the Customer fails to pick up the order or accept a rescheduled delivery within the time period specified by the carrier or by Monday Noise, then Monday Noise reserves the right to terminate the order, and to subsequently reimburse the Customer and resell the Product.

3.6. Notwithstanding the legal warranties of any Product based on applicable law, the Customer shall verify that the order and Product delivered conforms with the order, as shown in the Customer’s Order Confirmation.

3.7. If the Product or the packaging of the Product is damaged on delivery or in case of non-conformity of the Product with the Customer’s Order Confirmation, it is the Customer’s responsibility to decline the delivery and promptly inform Monday Noise that the Customer is declining the delivery.

3.8. The Customer shall verify the Product’s conformity within five (5) days from the date of delivery and shall express any claim to Monday Noise via https://kernom.com/pages/contact-us  or by sending a letter addressed to : MONDAY NOISE – Customer Service – 75 rue du Faubourg Saint-Martin, 75010 Paris, France

3.9. Any Product which has been damaged during transportation or any non-conformity of the Product with regards to the Order Confirmation, and whose delivery has been declined by the Customer will be replaced or refunded by Monday Noise at no additional cost. Such return of the Products shall be made through Monday Noise’s Customer Service and/or, in any case, according to Monday Noise’s instructions and requirements, notwithstanding the application of clause 5.5 of these General Terms of Sale.

3.10. If the Customer fails to decline the delivery of a damaged or non-conforming Product or a damaged packaging within the five (5) day period, a replacement or a refund of the Product will be at Monday Noise’s discretion and might incur extra charges for the Customer.

 

Risk and Title

Retention of title:

4.1. Unless otherwise specified by Monday Noise in writing, title to the Products shall pass to the Customer when all sums due by the Customer to Monday Noise are paid, including all applicable delivery charges. Monday Noise reserves the right to retake Products at the Customer’s expense or suspend a delivery, in case of payment default.

Transfer of risks:

4.2. Risk of loss will pass to Customer upon the delivery of the Products to the delivery address stated in the Order Confirmation.

 

 Returns

Return Period:

5.1. The Customer has the right to return a Product for any reason within fourteen (14) calendar days, starting from the order delivery date. In case of multiple Products ordered in a single order, the return period will end on the end of the 14th day after the date the Customer has received the last Product in the order.

Conditions of Returns:

5.2. The Products to be returned under Article 5.1 above must be returned in their original condition with their original packaging. Original packaging shall include the original box that was delivered with the Product. In the case where the serial number is missing or if the original packaging of the Product is missing or where the Product has been damaged , Monday Noise reserves the right to refuse the refund or to reduce the amount of the refund.

5.3. To request a return, the Customer must contact Monday Noise via https://kernom.com/pages/contact-us  or send a letter addressed to: MONDAY NOISE –Customer Service– 75 rue du Faubourg Saint-Martin, 75010 Paris, France

The request to return will be deemed effective from the date of confirmation by Monday Noise of the request or from the date the letter was posted by the Customer to Monday Noise.

5.4. The Product must be returned to Monday Noise without excessive delay, through Monday Noise’s Customer Service and/or, in any case, according to Monday Noise’s instructions and requirements for shipment.

5.5. If the Customer decides to arrange shipment on his own, (rather than as instructed by Monday Noise), it is his responsibility to cover the shipment fees, to prepay any charges related to the return including customs duties, insurance of the shipment and accept the risk in case of a damaged or lost Product during transit. In case of a lost/damaged shipment, it is the Customer’s responsibility to solve the problem directly with the carrier that he has chosen. Furthermore, the Customer has at all times the responsibility of the Products until properly returned to Monday Noise.

5.6. Except for a return under Article 5.5, the purchase price of the Products and any applicable charges paid by the Customer will be fully refunded by Monday Noise, except for the shipping fees and other associated fees incurred by the return to Monday Noise, such fees being at the expense of the Customer.

5.7. A refund will be processed by Monday Noise as soon as possible, and in any case, no later than fourteen (14) days starting from the receipt of the Product by Monday Noise, provided that the returned Products are in accordance with Article 5.2. A refund will be credited to the same payment method used by the Customer for the original order, as indicated in the Order Confirmation.

 

Force majeure

Monday Noise shall not be responsible or liable to Customer, nor shall Monday Noise be deemed to have defaulted on or breached these General Terms of Sale, for any failure or delay in its performance under these General Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Monday Noise, including, but without limitation, acts of God, war, invasion, insurrection, riot, order of any civil or military authority, flood, fire, natural disasters, explosion, governmental actions, terrorist threats or acts, national emergency, revolution, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. The acceptance of the delivery of the Products by the Customer shall be deemed as a renunciation of all complaints against Monday Noise for loss or damages due to any delay.

 

Limited Warranty and Monday Noise Care

Limited Warranty

7.1. Notwithstanding any legal warranty attached to any Product based on applicable laws, Monday Noise warrants that upon delivery and for a period of 24 months (60 months for Expext Pro products range) from the date of delivery (the “Warranty Period”) the Products purchased hereunder will conform in all material respects to the applicable manufacturer’s specifications for such goods and will be free from material defects in workmanship, material and design under normal use. The Warranty Period only applies to such Products purchased on the Website, and from Monday Noise’s retail stores and from its authorized dealers. We do not currently offer or sell spare parts for our pedals.



7.2. This warranty does not cover damage resulting from normal wear and tear, as well as damage inflicted on or resulting from accidents, mishandling, improper use, negligent handling, lack of reasonable maintenance and care, or abuse by anyone other than Monday Noise.

7.3. The 24-month Warranty Period shall commence upon the date of delivery of the original Product or date of purchase for purchases at a Monday Noise retail store, and will not be extended following any exchange or replacement of the original Product during such Warranty Period.

 

Limitation of Liability

8.1. Monday Noise shall not be held liable for any loss or damage caused to the Customer or third parties due to misuse of the Products. In any case, Monday Noise’s direct liability is limited to (i) the refund of the purchase price of the Product(s), (ii) repair of the Product(s) or (iii) replacement of the Product(s) as decided by Monday Noise; provided, however that such Product(s) must be returned to Monday Noise according to the provisions of these General Terms of Sale. Monday Noise shall not be liable for any indirect damages suffered by the Customer.

8.2. The Customer’s statutory rights based on applicable law are not superseded by any limit contained in these General Terms of Sale. Nothing in these General Terms of Sale shall limit or exclude Monday Noises’ liability (i) for death or personal injury caused by Monday Noise’s negligence, (ii) for fraud, (iii) for any breach of the obligations implied by applicable compulsory national laws or (iv) any liability which cannot be excluded by law.

8.3. For Products purchased on Monday Noise’s Kernom Website, the maximum liability of Monday Noise shall not exceed the actual purchase price of the Product. In compliance with the previous paragraph, Monday Noise shall not be liable for any indirect damages suffered by the Customer.

8.4. Monday Noise shall not, in any case, be liable for damages arising out of its control, such as services which are rendered by third-parties for the execution of an order (such as the carrier or the company in charge of the online payments).

8.5 Monday Noise is not responsible for any products sold by non-authorized resellers or for products that are considered as counterfeits.

 

Data protection

SEE OUR PRIVACY POLICY.

 

Last Updated Date: 29th of June 2022