General Terms and Conditions of Sale
Between the company Impression Soleil Levant, 38 rue du Jard, 51100 Reims, registered in the Reims Trade and Companies Register under number 853 830 792, SIRET 853 830 792 00018.
The company can be reached by email at email@example.com or by clicking on the contact form accessible via the home page of the site. Hereinafter the “Seller” or the “Company”.
On the one hand, and the natural or legal person purchasing products or services from the company, hereinafter referred to as the “Buyer” or “Customer”:
The company designs, manufactures and sells fashion accessories exclusively for consumers, marketed through its website (https://kyomai.fr). The list and description of the goods offered by the Company can be consulted on the aforementioned site.
Article 1: Purpose and general provisions
The present General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.
These General Terms and Conditions of Sale (GTCS) apply to all sales of Products, made through the Company’s websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on its website. The GTC applicable at that time are those in force at the date of payment (or of the first payment in the case of multiple payments) of the order. These Terms & conditions are available on the Company’s website at the following address: https://www.kyomai.fr/en/terms-and-conditions/.
The Company also ensures that their acceptance is clear and unreserved by putting in place a checkbox and a validation click. The Client declares that it has read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer is suitable for his/her needs. The Customer declares that he/she is legally capable of entering into a contract under French law or that he/she is validly representing the natural or legal person for whom he/she is contracting. In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
Article 2: Prices
The prices of the products sold through the websites are indicated in Euros excluding taxes and precisely determined on the pages describing the Products. They are also indicated in Euros including all taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer’s responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to change its prices at any time in the future. The telecommunication costs necessary for access to the Company’s websites shall be borne by the Client. Where applicable, delivery costs are also payable by the Client.
Article 3: Conclusion of the online contract
The Customer must follow a series of steps specific to each Product offered by the Seller in order to place an order. However, the steps described below are systematic:
➢ Information on the essential characteristics of the Product ;
➢ Choice of the Product, if applicable of its options and indication of the Customer’s essential data (identification, address…);
➢ Acceptance of these General Sales Conditions.
➢ Verification of the elements of the order and, if necessary, correction of errors.
➢ Follow-up of payment instructions and payment of products.
➢ Delivery of the products.
The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a .pdf copy of these general terms and conditions of sale. For delivered products, this delivery will be made to the address indicated by the Customer. In order to complete the order correctly, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide true identification details. The Seller reserves the right to refuse the order, for example, for any abnormal request for a product.
Article 4: Products and services
The essential characteristics of the goods and services and their respective prices are made available to the buyer on the company’s websites. The Customer certifies that he has received details of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer’s order within the limits of available stocks of Products only. In the absence of such availability, the Seller shall inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, it is summarised and confirmed when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company’s websites, as well as the minimum duration of the proposed contracts when these relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person who signs the order (or the person who holds the email address communicated). In accordance with the legal provisions concerning conformity and hidden defects, the Seller will refund or exchange defective products or products that do not correspond to the order. Refunds may be requested in the following manner:
The buyer contacts the company by e-mail to state his request for a refund or exchange. If the product is to be exchanged, it must be repackaged in its original packaging and returned to the sender’s address. Upon receipt, the seller will replace or refund the buyer. The shipping costs are at the buyer’s expense.
Article 5: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 6: Delivery terms
The products are delivered to the delivery address that was indicated at the time of the order and the time indicated. This period does not take into account the preparation time of the order. When the Customer orders several products at the same time, these may have different preparation times. They will be sent at the same time, except if this causes a significant delay in shipment. The customer will then be informed that his order will be sent in several shipments, without any additional shipping costs. In the event of a delay in shipment, the Customer has the option of cancelling the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller shall then proceed to reimburse the product and the “outward” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up the order. The Seller reminds that at the moment when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations regarding the product delivered.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to the stocks available from our suppliers. If an item is unavailable for more than ten working days, you will be immediately informed of the foreseeable delivery time and the order for this item may be cancelled on request. The Customer may then request a credit note for the amount of the article or a refund.
Article 8: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card or bank cheque.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The secure online payment by credit card is made by our payment service provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network.
Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his bank details at the time of the sale, the Customer authorises the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error or the impossibility of debiting the card, the Sale is immediately cancelled by operation of law and the order cancelled.
Article 9: Withdrawal period
In accordance with article L. 121-20 of the French Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of returning the goods”. The period mentioned in the previous paragraph shall run from the date of receipt of the goods. The right of withdrawal may be exercised by contacting the Company by e-mail.
If the right of withdrawal is exercised within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed; the return costs remain the responsibility of the Client. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the standard withdrawal form to be sent to us by e-mail or by post to the company’s address.
Article 10: Guarantees
In accordance with the law, the Seller assumes two guarantees: of conformity and relative to hidden defects of the products. The Seller shall refund the buyer or exchange the products that appear to be defective or do not correspond to the order placed. The refund request must be made in the following manner:
The customer contacts the company by e-mail to state his request for a refund or exchange. If the product is to be exchanged, it must be repackaged in its original packaging and returned to the sender’s address. Upon receipt, the seller will replace or refund the buyer. The shipping costs are at the buyer’s expense.
Article 11: Complaints
If necessary, the Buyer may make any complaint by contacting the company by e-mail.
Article 12: Intellectual property rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13: Force majeure
The performance of the seller’s obligations under these GTC shall be suspended in the event of a fortuitous event or force majeure that would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 14: Nullity and modification of the contract
If one of the stipulations of the present contract is null and void, this nullity shall not entail the nullity of the other stipulations which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
Article 15: Protection of personal data
In accordance with the French Data Protection Act of 6 January 1978, you have the right to question, access, modify, oppose and rectify your personal data. By adhering to these general conditions of sale, you agree that we may collect and use this data for the purposes of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. To do so, simply click on the link at the end of our emails or contact our company by registered letter. We monitor the traffic on all our sites. To do this, we use tools such as Google Analytics.
Article 16 Limitation of liability
The Seller’s liability for the performance of the service is limited to the value of the price of the product in euros.
Article 17: Applicable law
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to herein, shall be subject to French law.
“Our general terms and conditions of sale have been drawn up on the basis of a free template which can be downloaded from https://www.donneespersonnelles.fr/“.