General sales conditions
IMPORTANT The customer declares to have read and accepted the General Conditions of Sale before placing an order.
The validation of the order is therefore worth acceptance.
In effect on 07/01/2021
Between the micro enterprise K-naya, registered trademark at xxxx,
Represented by Mrs Carla VIGOROSO, XX rue XXXX – XXXXX XXX,
registered with the Chamber of Trades and Crafts of XXX, under number SIRET XXXXX, Contactable by email:
email@example.com Hereinafter referred to as the “Seller”
On the one hand,
And the natural or legal person purchasing products,
Hereinafter, “the Buyer”
On the other hand,
It was stated and agreed as follows:
In accordance with article L 441-6 of the Commercial Code, the general conditions of sale (GTC) constituting the sole basis of the commercial relationship between the parties. Their purpose is to define the conditions in which the seller provides professional buyers or not (the buyer or buyers) with all of the products offered by the seller.
The GTCS apply without reservation or restriction to sales concluded between the Seller and the Buyers, by direct sale, regardless of the stipulations that may appear in the general conditions of purchase possibly established by the Buyers.
The fact that the Seller does not avail itself of any of the clauses contained in these T & Cs cannot be interpreted as a waiver of its subsequent reliance.
The Seller may agree with a Buyer with special conditions of sale derogating from the GTC.
These GTC are in effect for an unlimited period, until any changes made by the Seller.
2.1 –Ordering methods
Orders can be placed by Buyers from Seller by any means. Orders must be confirmed in writing, by means of an order form duly validated by the Buyer.
Sales are only final after express acceptance in writing by the Seller of the order issued by the Buyer. This acceptance may be materialized by sending an email or a private message via social networks.
When the Products are not in stock, clear information is given to the Buyer as to the dates of delivery of products.
The Buyer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and performance of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and its activities in the context of this sale.
The Seller undertakes to honor the Buyer’s order within the limit of stocks of available Products. Failing this, the Seller informs the Buyer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller will reimburse the Buyer.
Products available only “on order” are made within 2 days to 6 weeks. A period for informational purposes will be given to the Buyer before confirming the order.
The parties agree that the illustrations or photos of the products offered for sale have no contractual value
2.2 – Resale
The benefit of the order is granted to the Buyer only and may not be resold without the Seller’s consent.
The Products are supplied at the rates in effect on the day the order is placed or in the specific commercial proposal that may be sent to the Buyer. Prices are firm and non-revisable throughout their period of validity, indicated by the Seller.
VAT is not applicable under article 293B of the CGI.
Prices are in euros and do not include :
– The packaging
– Any customs charges, taxes, duties or other services to be paid in application of French regulations or those of an importing country or a country of transit are the responsibility of the Buyer
4.1 – Payment Terms
For any order, the Buyer will pay the price of the Products ordered by :
– Credit card: payment link sent by email or via the website.
– Bank transfer: the RIB will be communicated to you. Please note that the order will be made after receiving the transfer.
– PayPal: XXXXX account
The price is payable in cash, in full on the day of ordering the Products, except for exceptions negotiated between the Seller and the Buyer.
4.2 – Late penalties
In the event of late payment by the Buyer, the Seller will not be able to ship the Products. Any amount not paid by the due date set by these GTCS automatically entails, without formality or formal notice, from the day following the payment date provided for on the invoice, the application of late penalties of an equal amount. at the rate applied by the European Central Bank to its most recent refinancing operation increased by ten points.
A lump sum compensation for recovery costs of a sum of 40 euros will also be due, as of right and without prior notification to the Buyer. The Seller reserves the right to ask the Buyer for an additional sum if the collection costs incurred are greater than this amount.
In the event that the Buyer wishes to cancel his order after acceptance by the Seller, he has a maximum period of 1 day from said acceptance and in any event the cancellation cannot take place once the Products have been sent to the Buyer and for the Services once the service has started by the Seller.
Personalized orders with a first name or a message can only be canceled if the Product has not yet been made.
6.1 – Product delivery
Delivery times may differ depending on the Products ordered, and are specified on the order form signed by the Buyer for each Product or category of Products.
For information, the Products in stock are prepared to be shipped within 24 to 48 hours by letter followed or relay point according to the Buyer’s choice. The latter will be able to track the shipment of the Product using the tracking number.
Products available on order are made within 2 days to 6 weeks to which is added the postal delivery time.
This period does not constitute a strict deadline and the Seller will not be liable for any delay in delivery not exceeding 30 days from the scheduled dispatch date. In the event of a delay exceeding 30 days, the Buyer may request the resolution of the sale and any down payments made will be returned to him by the Seller.
The Seller’s liability can never be incurred in the event of delay or suspension of delivery if it is attributable to the Buyer or to a case of force majeure or if the delay is attributable to the delivery services.
The shipment is made by tracked mail by La Poste (tracked mail or delivery against signature) or at a relay point. It is possible to arrange a free personal delivery only by appointment.
Note: the mail is noted delivered even though the Buyer has not received it, a complaint must be made to La Poste or the relay point organization. The Seller cannot be held responsible and no refund or credit will be made.
Delivery in relay point: you will be notified by email and / or SMS of the arrival of your package. It will be the Buyer’s responsibility to quickly retrieve it from the relay point keeping the package between 8 and 15 days. If it turns out that the package is returned to the Seller after this period, the reshipment will be the responsibility of the Buyer.
6.2 – Force majeure
The performance of the Seller’s obligations at the end of these presents is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. The Seller will notify the customer of the occurrence of such an event as soon as possible.
Returns – Withdrawal period
7.1 Right to retract
In accordance with Articles L 221-18 of the Consumer Code, the consumer benefits from a right of withdrawal applicable to contracts concluded at a distance.
Article L 221-18 “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or outside establishment, without having to justify his decision or to bear costs other than those provided for in Articles L. 221-23 to L; 221-25.
The period mentioned in the first paragraph runs from the day (…) of receipt of the goods by the consumer or the third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer can exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces, the delivery of which is spread over a defined period, the period starts from receipt. of the last good or lot of the last part. »
The right of withdrawal can be exercised by contacting the Seller by email or post.
You can download the withdrawal form here.
According to the provisions of Articles L. 221-18 to According to the provisions of Articles L. 221-18 to L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
–Products made according to the consumer’s specifications or clearly personalized (example a first name, a message);
– Products that cannot be returned for reasons of hygiene or health protection (sanitary napkin, washable wipes, paper towels, etc.).
Article L221-21 of the Consumer Code provides: “When the right of withdrawal is exercised, the professional reimburses the consumer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen days from the date on which he is informed of the consumer’s decision to withdraw.
For contracts for the sale of goods, unless he offers to collect the goods himself, the trader may defer reimbursement until recovery of the goods or until the consumer has provided proof of the shipment of these goods, the date chosen being that of the first of these facts.
The professional makes this reimbursement using the same means of payment as that used by the consumer for the initial transaction, except with the express consent of the consumer to use another means of payment and insofar as the reimbursement does not entail any cost to the consumer.
The trader is not required to reimburse the additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the trader.»
The costs of returning the products as well as the risk are therefore borne by the Buyer.
Product returns must be made in their original condition, new and complete (packaging, accessories, instructions); if possible they should be accompanied by a copy of the proof of purchase and sent to the following address:
K-naya – Carla VIGOROSP XX rue XXXX – XXXXX XX, XX
Product returns by the Buyer must be the subject of a formal agreement with the Seller, any Product returned to the Seller without his agreement will not give rise to a refund.
Likewise, Products which arrive damaged or incomplete cannot give rise to a refund.
Intellectual and industrial property rights
8.1 Intellectual property
All visual elements, including the underlying technology used, are protected by copyright, trademark and / or patent law. Anyone who publishes a website and wishes to create a direct hypertext link to the Site must request the Seller’s authorization in writing. This authorization from the Seller will in no case be granted definitively. Acceptance of these T & Cs constitutes recognition by the Buyer of the Seller’s intellectual property rights and undertakes to respect them.
8.2 Industrial property
All the K-naya brand products and models are manufactured with the greatest care in France Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Transfer of ownership and risks
The personal data that may be collected from the Seller in the context of an internet sale are as follows :
– Creation of the customer file: his name and first name; email address ; Phone Number ; address;
–Payment terms: payment via the paypal payment site or payment terminal or by bank transfer.
Liability – Guarantee
10.1 – Warranty
Buyers benefit from the legal guarantee of eviction and hidden defects. No additional contractual guarantee is provided for the benefit of the Buyer, who may only rely on the legal guarantees stipulated below. No guarantee can apply in the absence of full payment of the sums due by the Buyer to the Seller.
In accordance with Article L.411-1 of the Consumer Code, the Products offered for sale through the GTC meet the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and the consumer protection, Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the Product.
In case of implementation of the legal guarantee of conformity, it is recalled that the consumer :
– “has a period of two years from the delivery of the goods to act;
– may choose between repair or replacement of the item, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
– is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from 03/18/2016, except for second-hand goods. The legal guarantee of conformity applies regardless of any commercial guarantee granted.
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price.”
The process can be done by email to the following address:
firstname.lastname@example.org or by post Carla VIGOROSO XX rue XX XXXX – XXXXX XX
10.2 – Limitation of liability
The Seller’s liability can only be incurred in the event of gross negligence, intentional or fraud. In no case can the Seller be held liable for any misuse of the product or misuse of its original function.
In all other cases, the Seller’s liability can never be sought or engaged by the Buyers. The Buyers guarantee and indemnify any liability actions against the Seller by third parties to the contract.
In any event, the Seller’s liability, if it is engaged, may not exceed the value of the Products subject to the contract concluded with the ‘Buyer
Protection of personal data
11.1 Data collected
The personal data that may be collected from the Seller in the context of a direct sale are as follows :
– Creation of the customer file: his name and first name; email address ; Phone Number ; address ;
– Payment method: payment via the paypal payment site or payment terminal or by bank transfer
11.2 Use of personal data
The personal data collected from users is intended for the obligatory administrative management of the Seller. More specifically, the uses are as follows :
–Order tracking and invoicing;
– Organization of the conditions of use of payment services;
–Verification, identification and authentication of data transmitted by the user;
– Implementation of user assistance;
–Management of any disputes with users ;
– Sending commercial and advertising information, based on user preferences.
11.3 Sharing personal data with third parties
Personal data may be shared with third-party companies, in the following cases :
– When the user uses the payment services, for the implementation of these services, the Seller is in contact with third-party banking and financial companies with which it has entered into contracts ;
–When the user publishes publicly accessible information in the free comment areas of social networks ;
– When the Seller uses the services of service providers for the management of its accounts or various technical problems ;
–If required by law, the Seller may carry out the transmission of data to respond to claims against the Seller and comply with administrative and legal procedures;
– If the Seller is involved in a merger, acquisition, transfer of assets or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data.
In this case, users would be informed, before personal data is transferred to a third party.
11.4 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Site cannot guarantee the security of the transmission or storage of information on the Internet.
11.5 Implementation of user rights
Pursuant to the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: email@example.com .
The right of access :
they can exercise their right of access to know their personal data. In this case, before the implementation of this right, the Seller may request proof of the user’s identity in order to verify its accuracy. The right to rectification: if the personal data held by the Seller is inaccurate, they can request the updating of the information.
The right to delete data:
users can request the deletion of their personal data, in accordance with applicable data protection laws.
The right to limit processing: Users can ask the Seller to limit the processing of personal data in accordance with the assumptions provided for by the GDPR. The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
The right to portability:
they can request that the Site provide them with the personal data provided to it in order to transmit them to a new Site.
Applicable law – Disputes – Processing of complaints – Mediation
Applicable right :
This contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.
Claims processing :
For any complaint, you can contact customer service at the contact details mentioned in the preamble to these conditions.
Attribution of jurisdiction :
Any dispute resulting from the formation, interpretation or execution of this contract will be the exclusive jurisdiction of the courts within the jurisdiction of XXXX notwithstanding multiple defendants or warranty claims. In the event of any difficulty arising during the ordering or delivery of items sold on the Site or by direct purchase, the Buyer will first contact the Seller K-naya to seek an amicable solution:
by mail: firstname.lastname@example.org
or registered mail to the following address Carla VIGOROSO XX rue XXX XXX – XXXXX XX.
The Buyer has the option of resorting to a conventional mediation procedure or any other alternative dispute resolution method.
Notwithstanding the foregoing, in the event of a dispute, in accordance with Article R.631-1 of the Consumer Code:
“The consumer can seize either one of the jurisdictions having territorial jurisdiction under the Code of Civil Procedure, or the jurisdiction of the place where he lived at the time of the conclusion of the contract or of the occurrence of the harmful event”
Consumer Mediation Service:
In accordance with Articles L 611-1 to L 641-1 and R 612-1 to 5 616-2 of the Consumer Code concerning the amicable settlement of disputes, the Buyer may in any event resort to conventional mediation.
In the event of unresolved disputes between the Seller and the Buyer, the latter may refer the matter to the consumer mediator.
Before approaching the consumer mediator, the consumer must have already tried to resolve his dispute directly with the professional by a written complaint by email or registered mail
Consumer mediation is an out-of-court settlement of consumer disputes. If the conditions are met, consumer mediation will take place according to a precise process according to the texts in force.
The procedure is free for the consumer (R 612-1 of the Consumer Code)