Terms and conditions of sale
Terms and conditions of sale
The KITSHINA.com online store was set up by the company KITSHINA ®, which is the operator of this site. Any order taken for a product appearing in the online store of the KITSHINA.com site assumes prior consultation of the present general conditions. Consequently, the consumer recognizes to be perfectly informed of the fact that his agreement concerning the contents of the present general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order on line the products presented within the framework of the store. of the Web site. The consumer has the option to save or edit these terms and conditions, being specified that both the saving and editing of this document are his sole responsibility. The consumer, before his order, declares that the acquisition of these products is without direct relationship with his professional activity, their acquisition being reserved for a personal use of his share. As a consumer, the customer has specific rights, which would be called into question in the event that the products or services acquired through the website would actually have a relationship with his professional activity. The online store set up by KITSHINA ® within the framework of the website mentions the following information:
Legal notice allowing a precise identification of the company KITSHINA ®.
Presentation of the essential characteristics of the goods offered
Indication, in euros, of the price of the goods, as well as, if applicable, the delivery costs.
Indication of the conditions of payment, delivery or execution.
The existence of a right of withdrawal
The period of validity of the offer or the price
The conditions of termination of the contract when it is of indefinite duration or longer than one year.
All this information is presented in French. The consumer declares to have the full legal capacity allowing him to commit himself under these general conditions.
Article 1 : Completeness
The present general conditions express the entirety of the obligations of the parts. In this direction, the consumer is considered to accept without reserve the entirety of the provisions envisaged in these general conditions. No general or specific condition appearing in the documents sent or given by the consumer will be able to be integrated into the present, since these documents would be incompatible with these general conditions.
Article 2 : Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by KITSHINA ® to the consumer.
Article 3: Contractual documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: the present general conditions; the order form. In the event of contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank will prevail.
Article 4: Entry into force - duration
The present general conditions come into force on the date of the order. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by the company KITSHINA ®.
Article 5: Electronic signature
The consumer's "double click" on the order form constitutes an electronic signature that has the same value between the parties as a handwritten signature.
Article 6: Confirmation of the order
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the consumer on the order form.
Article 7 : Proof of the transaction
The computerized registers, kept in KITSHINA 's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 8: Product information
8-a: The company KITSHINA ® presents on its website the products to be sold with the necessary characteristics that allow compliance with article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know, before the final order is taken, the essential characteristics of the products he/she wishes to buy.
8-b: The offers presented by KITSHINA ® are only valid while stocks last.
Article 9: Prices
Prices are indicated in euros and are only valid on the date the consumer sends the order form. They take into account the delivery costs, and indicated before the validation of the order. The prices are displayed including VAT and take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. The payment of the totality of the price must be realized at the time of the order. At no time the paid sums could be regarded as deposits or installments.
Article 10: Mode of payment
To pay for his or her order, the consumer has a choice of all the payment methods listed on the order form. The consumer guarantees KITSHINA that he/she has the necessary authorizations to use the payment method chosen by him/her when validating the order form. KITSHINA reserves the right to suspend all order processing and deliveries in the event of a refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment. In particular, KITSHINA reserves the right to refuse to make a delivery or to honor an order from a consumer who has not paid in full or in part for a previous order, or with whom a payment dispute is being administered. KITSHINA has set up an order verification procedure to ensure that no one uses another person's bank details without their knowledge. As part of this verification, the customer will be asked to send a copy of an ID and proof of address to KITSHINA by fax. The order will only be validated after our services have received and verified the documents sent.
Article 11: Product availability
The order will be executed within the time displayed on the product sheet and expressed in working days (Monday to Friday) from the day after the consumer has placed his order. In the absence of precision in terms of day, the forwarding will be carried out within a maximum time of one month. In case of unavailability of the ordered product, in particular because of our suppliers, the consumer will be informed as soon as possible and will have the possibility of cancelling his order. The consumer will then have the choice to ask either for the refund of the sums paid in the 30 days at the latest of their payment, or the exchange of the product.
Article 12 : Modalités de livraison
Les produits sont livrés à l'adresse indiquée par le consommateur sur le bon de commande. Le consommateur est tenu de vérifier l'état de l'emballage de la marchandise à la livraison et de signaler les dommages dus au transporteur sur le bon de livraison, ainsi qu'à KITSHINA , dans un délai d'une semaine. Le consommateur peut, à sa demande, obtenir l'envoi d'une facture à l'adresse de facturation et non à l'adresse de livraison en validant l'option prévue à cet effet sur le bon de commande.
Article 13 : Problèmes de livraison du fait du transporteur
Toute anomalie concernant la livraison (avarie, produit manquant par rapport au bon de livraison, colis endommagé, produits cassés, etc.) devra être impérativement indiquée sur le bon de livraison sous forme de "réserves manuscrites", accompagnée de la signature du client. Le consommateur devra parallèlement confirmer cette anomalie en adressant au transporteur dans les deux (2) jours ouvrables suivants la date de livraison un courrier recommandé avec accusé de réception exposant lesdites réclamations. Le consommateur devra transmettre une copie de ce courrier par fax ou par courrier simple à : firstname.lastname@example.org
Article 14 : Erreurs de livraison
14-a : Le consommateur devra formuler auprès de la société KITSHINA le jour même de la livraison ou au plus tard le premier jour ouvré suivant la livraison, toute réclamation d'erreur de livraison et/ou de non-conformité des produits en nature ou en qualité par rapport aux indications figurant sur le bon de commande. Toute réclamation formulée au-delà de ce délai sera rejetée.
14-b : La formulation de cette réclamation auprès de la société KITSHINA pourra être faite : - du lundi au vendredi de 9h à 12h et de 14h à 17h, - en se connectant sur notre site dans la rubrique "CONTACT".
14-c: Any claim not made according to the rules defined above and within the allotted time period will not be taken into account and will release KITSHINA from any responsibility towards the consumer.
14-d: Upon receipt of the claim, KITSHINA will assign an exchange number for the product(s) concerned and communicate it to the consumer by e-mail or telephone. The exchange of a product can only take place after the consumer has been given an exchange number according to the procedure presented above.
14-e: In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to KITSHINA as a whole and in its original packaging, by registered mail, To be accepted, all returns must be reported in advance to KITSHINA 's Customer Service. The customer is responsible for return shipping costs.
Article 15: Product warranty
In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions herein cannot deprive the consumer of the legal guarantee that obliges the professional seller to guarantee him/her against all consequences of hidden defects of the thing sold. The consumer is expressly informed that KITSHINA is not the producer of the products presented on the website, in the sense of the law n°98-389 of May 19, 1998 and relative to the responsibility for defective products. Consequently, in the event of damage caused to a person or property by a product defect, only the producer's responsibility can be sought by the consumer, based on the information on the product's packaging. The conditions and duration of the producer's guarantee are indicated on the product sheets. Given the frequency with which the components of technical products are renewed, KITSHINA may, upon request, inform the consumer of the availability of spare parts for the products offered and how to obtain them, if necessary.
Article 16: Right of withdrawal
The consumer has a period of 14 days to return, at his expense, the products that do not suit him. This period runs from the day of delivery of the consumer's order. If this period expires on a Saturday, a Sunday or a holiday or day off, it is extended until the next business day. All returns must be reported in advance to KITSHINA 's Customer Service Department: - by logging onto our site under the heading "CONTACT" where, after entering your customer number, you can obtain your order number. The product must be returned by registered mail and sufficiently insured to KITSHINA ,
The products must not have been unsealed, so that the consumer can benefit from the right of withdrawal.
The products are still subject to the legal 14-day withdrawal period.
Only products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged or whose original packaging has been damaged will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, except for the cost of return. In case of exercising the right of withdrawal, the consumer has the choice to ask either for a refund of the sums paid, or for the exchange of the product. In the case of an exchange, the reshipment will be at the expense of the consumer.
If the right of withdrawal is exercised, KITSHINA will make every effort to reimburse the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, especially when the product requires a technical inspection (see products to be tested beforehand).
The consumer will then be reimbursed by crediting his bank account (secure transaction) in case of payment by credit card, or by check in other cases.
The right of withdrawal being granted to the consumer in application of the code of the consumption, it does not apply to the purchases carried out by the professionals.
Article 17 : 1 year money back guarantee on some products
It is important to us that you are completely satisfied with your purchase on our websites. If this is not the case, you can return it within 365 days. We will give you a full refund for any item returned to us unused, unwrapped and in new condition. You may return any item under this warranty at your expense until it has been used and can be resold. We reserve the right to refuse a return or offer only an exchange if the return criteria are not fully met.
We will refund the item in the form of a credit note. However, please note that we will examine the item and if it has been used or handled in a way that affects its value, we reserve the right to refuse the return.
Article 18: Rights of use
The right to use KITSHINA 's software and the software distributed by KITSHINA is granted to the consumer on a non-exclusive, personal and non-transferable basis, in accordance with the Intellectual Property Code. However, by virtue of article L122-6-1 of this Code, the consumer has a right of reproduction exclusively for the establishment of a backup copy, when this is necessary to preserve the use of the software. In any case, the author of the software preserves a right of property on its work, which the consumer commits himself respecting.
Article 22: Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 23 : Applicable law
The present general conditions are subject to French law. This applies to both substantive and formal rules. In the event of a dispute or claim, the consumer should first contact KITSHINA to obtain an amicable solution. In a second step and in case of recourse, the consumer will be able to formulate a complaint with, via its dedicated dialogue box.
Article 24: Information Technology and Freedom
Article 25 : Attribution of competence
By express agreement between the parties, this contract is subject to French law. Unless otherwise provided by law, all disputes arising from this contract will be submitted to the courts of the registered office of KITSHINA SARL.