Term conditions and GTCS
Article 1: LEGAL MENTIONS
The present site, available at URL www.kalyca.fr is edited by :
KALYCA, joint stock simplified company with sole shareholder, to a capital of I5 000 euros, registered at RCS, Salon-de-Provence, number 843 183 898 RCS, whose office is 114 boulevard Georges Pompidou I3 300 Salon-de-Provence, represented by Cazilhac Lynda, duly authorized, hereinafter designated the operator.
The personal TVA number of he operator is FR62843183898
The site is hosted by the firm O2switch, 222 Boulevard Gustave Flaubert, 63000 Clermont-Ferrand, telephone number 04 44 44 60 40.
The publication director is Linda Cazilhac, born Kasereka.
The operator may be reached on the phone, number 0033671971810, or at this e-mail address email@example.com
Article 2. GENERAL PROVISIONS OF THE PRESENT TERMS OF SALES.
The terms of sales, or CGV, “Conditions Générales de Vente” are only applicable to on line sales of products offered by the operator on the internet site.
The CGV are available to customers on the site, where they may be consulted, or may be communicated on request by any other means.
The CGV are opposable to the customer, who acknowledges having known and accepted them, by ticking a box, or clicking on the appropriate button, before passing an order. The validation of the order through this confirmation implies the buyer’s approval of the CGV valid on the day of the order, the conservation and the reproduction of which being insured by the operator.
Article 3 DESCRIPTION OF PRODUCTS
The site is an on line site offering ready-to-wear, shoes, fashion accessories, available to any natural or legal person using the “Customer” Site.
The products offered on the Site are subject to a detailed description including their essential characteristics. The photographs illustrating some products do not constitute a contractual document. The instructions for use of the product appear on the Site or are given later on delivery. The products comply with the French laws in force.
The customer is responsible for the terms of access to the site, through Internet in particular. This access may imply the payment of service providers, such access suppliers, expenses at he customer’s expense.
The client acknowledges having verified that the computer configuration he uses is safeguarded and in working order.
Article 4: CREATION OF A CUSTOMER AREA
To order on the site, the client must first of all create his personal customer area. Once created, to accede to it, he client must identify himself by means of his ID and his secret, personal, confidential password. The customer must not give his ID and password, in conformity with the specifications of the PERSONAL DATA article of he present terms of sales. Every customer promises to regard his data as strictly confidential, in particular his ID and password giving access to his customer area. The customer is he only person responsible for the access to the service through his ID and password, except in case of proven fraud. Every client promises to inform immediately the operator in cases of loss, misappropriation or fraudulent use of his ID or password.
Once his personal customer area is created, the customer will receive an e-mail confirming the creation of his customer area.
When registering the client is bound to:
- provide true, accurate, updated information, and not to use false names and addresses, or names and addresses without prior authorisation.
- update the registration data as a guarantee of their authenticity.
Besides, the client is also bound not to circulate illicit or reprehensible information such as slanderous information or identity theft. If so, the operator will be in a position to suspend or cancel the access to the site, as a result of the client’s fault.
Article 5 ORDERS.
The operator endeavours to guarantee the optimal availability of her products. The offers are valid in the limit of available stock.
If, in spite of the operator’s efforts, a product proved unavailable, the operator will inform the customer by means of an e-mail and offer the following choice:
- Delivery of a product of the same quality and price.
- Reimbursement of the ordered article within a period of thirty days following the initial payment.
It is accepted that there is no alternative to the reimbursement of the unavailable product, if such is the customer’s choice. The operator is not required to pay any cancellation indemnity, unless she is directly responsible for the non-fulfilment of the contract.
Unless otherwise specified in the General Conditions, and without prejudice to the right of withdrawal, the orders of the customer are firm and definitive.
When ordering, the customer must list the chosen articles, add them to his basket, specify the required quantities. The customer may verify the details of the order and the total price and switch to the previous pages to correct the content of his basket, before validation.
The customer must read the General Conditions in force before accepting, and confirm the
terms of withdrawal and the shipping costs. The confirmation of the order implies the approval of the CGV and forms the contract.
The contractual information about the order (in particular the number of the order) will be confirmed by means of an e-mail in due time and at the latest when the product is delivered. The operator advises the customer to print or file on a reliable support this confirmation, which might be used as a proof. A digital invoice will be at the disposal of the customer in the” my account” area. The operator also advises the customer to print and file this invoice on a reliable support, which might be used as a proof.
Any e-mail sent to the customer on a contract basis will come from the e-mail address used by the customer to identify himself in his client area.
The operator reserves the right to refuse the order for any justified motive, when :
- the customer does not respect the General Conditions in force.
- the customer has failed to answer a confirmation request of his order sent bv the operator
The operator files the sale contracts in conformity with the law. When sending a request to firstname.lastname@example.org, the operator will send to the customer a copy of the contract.
Any change in the order after the customer has confirmed the order is subject to the agreement of the operator.
The information communicated by the customer when ordering, (name and place of delivery) engages the customer. So, the operator could not be held responsible if an error in the order prevented or delayed the delivery.
The customer claims to enjoy the full legal capacity necessary to commit himself according to the present General Conditions.
Registration is available to persons of age and persons under age on condition they appear under the guidance of a parent or a guardian detaining parental authority. In no case can registration be authorized on behalf of a third party unless this person is legally able to represent. ( a corporation, for instance). Registration is strictly personal.
In case a client fails to respect one of these dispositions, the operator reserves the right to cancel the contract, without notice.
Article 6. PAYMENT TERMS AND SECURITY
The customer acknowledges that any order on the site is an order with obligation of payment, necessitating the payment of a price in exchange for the ordered product.
In all cases, the operator reserves the right to check the validity of the payment, before the order is sent, by all necessary means.
The operator uses Payplug secure on line payment. The orders may be paid by means of one of the following methods:
- Payment by credit card. The payment is made directly on the secure bank servers of the operator. The bank coordinates of the customer are not transferred to the site. The bank coordinates communicated on the occasion of payment are protected by an encryption method, SSL, Secure Socket Layer. So the coordinates are not available to third parties.
The order of the customer is registered and validated as soon as payment is accepted by the bank that has issued the card.
The account of the customer is debited from the amount necessary only when the coordinates of the credit card have been checked and the debit accepted by the bank
The impossibility to debit will entail immediate nullity of the sale.
The credit card may be refused if it has expired, if it has reached the maximal authorized amount or if the data entered are not correct.
Payment by Paypal electronic wallet. The client possesses an account on the electronic wallet used by the operator. The client may use this account to pay his order in total security without communicating his bank coordinates.
Payment by bank transfer. The client may pay through bank transfer. The operator will communicate the coordinates of the account receiving the transfer, and the order reference which must be specified on the transfer order. The orders are treated within 48 hours after the transfer has been made
If the case arises, the order validated by the customer will be regarded as positive when the bank central office has agreed to do so.
Within the framework of control procedures, the operator may have to ask the customer all the necessary documents necessary to finalize the order. These documents will not be used to other purposes.
Article 7: PAYMENT
The prices of the products specified in the order is indicated in euros, in American dollars or in pounds sterling, according to the client’s choice, all duties included (TTC), excluding delivery and other fees. In the case of promotions, the operator must apply the promotional price to any order during the period of promotion.
The price is due in full after the confirmation of the order. The proposed prices include the discounts the operator might consent.
If the delivery and other fees are applied, they will be separately added to the price of products before the client validates the order. The final amount due by the customer and its detail are mentioned on the page of the order confirmation.
Article 8: DEVELOPMENT OF A CONTRACT.
The contract between the operator and the customer takes effect when the customer sends the confirmation of his order.
We wish to point out to the customer the way an order placed on the Site is treated. When the customer sends an order he must confirm it by means of the “double click” technique, in other words, after selecting the products added to the basket (identification, quantity, price, methods and delivery fees) the customer must check and, if necessary, alter the content of his basket, before validating by clicking on the “ I pay” button. Then he validates his order after indicating his bank coordinates. The double click is worth an electronic or handwritten signature. It constitutes an irrevocable, unreserved acceptance of the customer’s order.
The filing of communications, orders, invoices, is provided by the operator on a reliable and long-lasting support in order to constitute a long-lasting faithful copy. These communications, orders and invoices may be produced as pieces of evidence of a contract. In the absence of evidence to the contrary, the data registered by the operator on Internet by phone prove the transactions between the operator and the customer.
The order may be cancelled by the customer by means of a registered letter with notice of receipt or by any document written on a long-lasting support, in case of:
- delivery of a non-complying product
- delivery beyond the deadline specified in the purchase order or, for want of a specified date, within the thirty days following the establishment of the contract, after the operator has been enjoined, according to the usual procedures, but vainly, to make the delivery.
- price rise unjustified by a technical modification of the product, imposed by public authorities.
In all cases the client may demand the reimbursement of the deposit, to which must be added the interests reckoned at their legal rate, from the date of the deposit.
The order may be cancelled by the operator when
- the buyer refuses the delivery
- the buyer refuses to pay the price or the price balance when the product is delivered.
Aritcle 9 RETENTION OF TITLE
The operator is the exclusive owner of the products ordered on the Site as long as he has not collected their total price, shipping expenses included.
Article 10: SHIPPING AND DELIVERY
Online sale offers on the site are reserved for customers from several countries residing in France or in a country belonging to the European Union, with deliveries in the same geographical areas.
Delivery means physical transfer to the customer and control of the transfer by the customer.
The operator resorts to delivery methods depending on the nature of the product: Colissimo La Poste DHL.
Shipping expenses have been specified when the order was finalized and are regarded as accepted after the order was validated.
The operator is bound, in conformity with the delivery deadline specified on the Site for every product, to deliver his products in a maximum of thirty days after the order receipt.
The delivery time is announced in open days on the Site, at the time of the order. It includes the preparation and the shipping of the order and the time announced by the carrier.
The operator is bound to ship the products in conformity with the time specified on every product sheet and in the basket, unless the payment of the order has been refused.
If one of several products could not be delivered according to the announced deadline, the operator will e-mail a new delivery date to the client.
The products are delivered to the address given by the customer at the time of his order. It is up to him to make sure this address does not contain any error. The operator will not be held responsible if the address given by the customer is defective, thus preventing or delaying the delivery.
On delivery, the customer might be asked to sign a receipt.
No delivery will be made to a post box.
On delivery, it is up to the client to make sure that the delivered products comply with the order, that the parcel is sealed and undamaged. If this is not the case, the customer must mention it on the delivery slip. No claim about the quantity or the condition of the products will be accepted if the claim has not been mentioned on the delivery slip.
Article 11: THE RIGHT TO RETRACT
If a product delivered to a customer does not totally satisfy him, he may return it to the operator. From the delivery date, the client will have fourteen days to do so.
According to the article L.221-21 of the Consumption Code, and to implement the right to retract in conformity with the articles L.221-18 and the following ones of the same code, the customer may resort to his right to retract.
-- via the site, by connecting his account, then by clicking on “ My Orders”, “Details” et by following the instructions of “Article Return”.
- by e-mail, by sending a form in an annex of the CGV to email@example.com from the e-mail address of the customer account
- by post, by sending the form in an annex printed and signed to Kalyca,114 boulevard Georges Pompidou, 13 300 Salon-de-Provence.
The operator will e-mail an acknowledgment of receipt of the client’s retraction.
The return expenses are chargeable to the operator (one or several products), for one or several returns for every order.
The exceptions of the article L.221-28 of the Consumption Code may apply and obstruct the right to retract, in particular if the order is a contract that refers to
- supplies of goods made according to specifications of the client or particularly personalized.
- supplies of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons related to hygiene and health protection.
The returned product must be in its original package, in perfect condition, fit for another sale, unwashed, never worn, with its accessories, if any. The labels must not have been withdrawn. The operator reserves the right to refuse products ignoring these conditions. In such a case, the product will be sent back to the client, and no other return will be accepted.
Besides the returned product, the package must also contain the fully informed label from the previously shipped product.
The operator will reimburse the amount of the product within fourteen days from the reception of the product and all the elements necessary to implement the refund. This refund might be made according to the mode of payment used by the customer. So, if the customer pays his order by means of credits or gift cards, the operator may do the same if he wishes.
By accepting the present general sales conditions, the customer clearly expresses that he knows the modes of retraction.
Article 12 CUSTOMER SERVICE.
The client may contact the operator
- through this number: 00033671I810 during the opening days and hours,
- by email firstname.lastname@example.org, mentioning his phone number, the object of his request and the number of the order concerned.
Article I3 INTELLECTUAL PROPERTY AND LICENCE AGREEMENT.
The operator is the only owner of all the elements on the Site, in particular and without limit, texts, files, moving pictures, pictures, photographs, videos, logos, drawings, models, software, brands, visual identity, database, structure of the Site and all the other elements of intellectual property and other data or pieces of information, (“elements”) protected by the French and international rules related to intellectual property.
Consequently, no element of the Site must be totally or partly altered, reproduced, copied, duplicated, sold, resold, transferred, published, communicated, distributed, broadcast, stocked, used, rented or exploited, free of charge or not, by a customer or a third party, whatever the methods or the supports used, known or unknown to this date, without the prior express written authorization of the operator. The customer would be held responsible for any non-authorized use or exploitation.
Furthermore, it must be specified that the operator is not the owner of the uploaded content of the customers, regarded as totally responsible and who guarantee the firm against any legal action. The customers grant the operator a non-exclusive, transferable, sublicensable licence, free of charge, worldwide, for the use of the contents of the intellectual property they publish on the Site, for the whole duration of these contents.
Article I4. RESPONSABILITY AND GUARANTEE.
The operator cannot be held responsible for the breach of contract initiated by the client or because of an event called a force majeure by competent courts or an unpredictable and insurmountable event.
The operator cannot be held responsible for pieces of information imported, stocked or published on the Site by clients. The operator cannot be held responsible regarding information published by a client on the site and the direct or indirect damages their use could cause to a third party. The author of this sort of publication would be he only responsible person.
The client recognizes that the characteristics and the obligations of Internet do not guarantee the security, the transmission, the availability, the integrity of the Internet data transfers. So, the operator cannot guarantee that the site and its services will operate non stop and without errors. In particular, their exploitation may be interrupted due to maintenance, updating and technical improvements, or to modify the content and its presentation.
The operator cannot be held responsible for the use of the Site and services by clients non respecting the present General Conditions and the direct and indirect damages such use could entail to third parties. In particular, the operator cannot be held responsible for the false declarations of a customer and his behaviour. In case the responsability of the operator might be sought in relation to such behaviour, the client must promise to guarantee the operator against any conviction against him and refund all the expenses, such as attorney fees.
The customer, the only person responsible for the contents he uploads on the Site, declares the whole of his rights are at his disposal and promises not to use contents violating rights, such as intellectual property, not to harm by means of slander, insults, abuse, to respect private life, public peace and morality and disapproves totally of racial hatred, child pornography and crimes against mankind. In case of illegal behaviour, immoral conduct, non respect of present General Conditions, the operator may exclude the customers guilty of such infractions and cancel the information related to contentious contents.
The operator is regarded as the host of contents sent by third parties. So, we may recall that the operator is not bound to watch the contents transferred or stocked by the Site. In case the responsability of the operator might be sought because of a customer’s content, the customer must promise to guarantee the operator against any legal proceedings and refund the expenses, such as the attorney fees.
Independently of any additional contractual guarantee (commercial guarantee) that might be granted, the products are protected by the legal conformity guarantee mentioned in the articles L.217-4 and the following ones of the Consumption Code. (In particular L.217-4 to 217-14 of the Consumption Code) and of the guarantee from hidden defects listed in the articles 1641 to 1649 of our Civil Code.
When you operate within the framework of the legal conformity guarantee,
- you benefit from a two year delay from the delivery of the product.
- you may chose between the repair and the replacement of the product, subject to conditions specified in the article L217 of the Consumption Code.
- you are exempted to prove the existence of a conformity defect during the 24 months after the delivery of the product. (except for second hand articles).
- you may decide to implement the guarantee against hidden defects, according to the conditions listed in the article 1641 of the Civil Code. If so, you may choose between the cancellation of the sale or a discount, in conformity with the article 1644 of the Civil Code.
Reproduction of the articles L 217-4, L 217-5, L 217-7, L 217-9 and L 217-12 of the Consumption Code, of the articles I641, I644. and of the first paragraph of the article 1648 of the Civil Code, in force at the date of the present General Conditions.
ARTICLE L 217 OF THE CONSUMPTION CODE.
“ The seller delivers a property true to the contract and vouches for the conformity defects appearing on delivery. He also vouches for the conformity defects resulting from packing, assembly instructions or installation when it was part of the contract or has been placed under his responsibility.”
ARTICLE L 217-5 OF THE CONSUMPTION CODE
The article complies with the contract
- 1- if it fits the use expected from a similar object or
- if it fits the description supplied by the seller and possesses the qualities presented to the buyer by means of samples or models.
- if it presents the qualities a buyer can legitimately expect considering the public statements of the seller, the producer or his representative, particularly through advertising and labelling.
2- Or if it presents the characteristics defined by both parties or fits any specific use wished by the buyer, notified and approved by him.
ARTICLE L.217-7 OF THECONSUMPTION CODE:
“ The conformity defects appearing within 24 months after delivery are presumed to have existed on delivery, unless the contrary is proved.
As regards second hand articles, this time limit is six months.
The seller may deny this presumption if it is incompatible with the nature of the article or the conformity defect put forward.
ARTICLE L.217-9 OF THE CONSUMPTION CODE
In case of a conformity defect, the buyer chooses between the repair or the replacement of the article. But the seller may decline this option if the buyer’s choice entails expenses out of proportion with the other option, considering the value of the article or the importance of the defect. Then, he is bound, unless impossible, to accept the method the buyer has not chosen.
ARTICLE L-217-12 OF THE CONSUMPTION CODE
“The lawsuit resulting from a conformity defect is prescribed after two years from delivery.
ARTICLE 1641 OF THE CIVIL CODE
“ The seller is bound to guarantee the sold article when it does not fit the use it was intended for, or if its use is reduced, an article the buyer would not have acquired or acquired at a lesser price, had he known its defects.
ARTICLE 1644 OF THE CIVIL CODE
“ In conformity with the articles 1641 et 1643, the buyer may either return the article and get the price back, or keep the article et get back part of the price.”
ARTICLE 1648, FIRST PARAGRAPH OF THE CIVIL CODE
“Bringing an action for redhibitory vices may be done by the buyer within a time limit of two years from the moment when the vice is discovered”
Let us remind that an attempt to reach an amicable settlement does not suspend the deadline for action related to legal guarantees or the duration of any potential contractual guarantee.
ARTICLE 15: PERSONAL DATA
For more information about the use of personal data by the operator, please consult the Charter, paying particular attention to private life ( “The Charter”). At any time, you can consult the Charter on the Site.
ARTICLE 16: HYPERTEXT LINKS
The hypertext links available on the Site may direct to third party sites, non edited by the operator. They are only supplied for the suitability of the customer, in order to facilitate the use of resources available on Internet. If he customer uses these links, he will leave the Site and agree to use third party sites at his own peril or, if the case arises, in conformity with its own rules.
Consequently, in no way can the operator be held responsible for hypertexts links.
Besides, the customer recognizes that in no way can the operator guarantee or take over promotional hypertexts or advertising banners related to third party sites non edited by the operator.
The operator invites the customer to indicate the hypertext links on the Site which might enable to accede to a third party site likely to offer illicit or immoral contents
The customer will not be allowed to use or insert a hypertext link directed to the site without the prior written authorization of the operator, case by case.
ARTICLE 17 GENERAL DISPOSITIONS. FULL AGREEMENT OF THE PARTIES.
The present General Conditions constitute a contract governing the relations between the customers and the operator. They display the whole rights and obligations of the firm and of the operator in relation to their object. If one or several stipulations of the present General conditions were declared null in conformity with a law, a regulation or as a consequence of a definitive decision of a jurisdiction, the other stipulations will keep all their strength and scope. Besides, if one of the parties does nor take advantage of a breach in some dispositions of the General Conditions, it could not be regarded as a renunciation to the possibility to take advantage of such a breach in the future.
MODIFICATION OF CONDITIONS.
The operator reserves the right to modify at any time and without notice the contents of the Site or its available services and to cease, temporarily or definitively, to exploit the Site, totally or partly
Furthermore, the operator reserves the right to modify at any time and without notice the location of the site on Internet, and the General Conditions. Consequently, the customer must consult the present General Conditions before using the Site.
The customer acknowledges that the operator can in no way be held responsible to him or other parties for these modifications, suspensions and cessations.
The operator advises his clients to safeguard and print the present General Conditions to assure their safe and long conservation in order to refer to them whenever necessary during the duration of the contract.
In case of dispute, you must first contact the Customer Service of the firm by means of the following coordinates: Kalyca S.A.S.U, 114 boulevard Georges Pompidou 13 000 Salon-de-Provence.
If the reclamation has failed or if the service has not answered within a 15 day delay, he customer may contact a mediator via the CECM site: http:// www.economie.gouv.//fr/mediation-conso
The client may also use the platform of the European Commission: http://ec.europa.eu/consumers/odr
The mediator, independently and impartially, will try to reach an amicable settlement. The parties remain free to accept of refuse the resort to mediation, and to accept or refuse the solution suggested by he mediator.
The General Conditions are governed, interpreted and applied in conformity with French right.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER.
The customer acknowledges having read the General Conditions.
When registering on the Site, the customer confirms he has become acquainted with the General Conditions and accepts them, which binds him by contract to the present General Conditions.
The General Conditions applicable to the customer are those available at he date of the order, a copy of which, dated to date, may be given to the customer. It must be specified that any modification of the General Conditions initiated by the operator will not apply to a
prior order unless expressly agreed by the customer.
To Kalyca S.A.S.U, 114 boulevard Georges Pompidou 13 300 Salon-de-Provence
Telephone : 06 81 57 59 57
E-mail : email@example.com
I hereby notify my withdrawal from the contract related to the sale of the following article:
Ordered on…Received on…
Name of the customer:
Address of he customer
Signature of the customer. (Only in case of notification of the present paper form)
Delete as appropriate.