PRELIMINARY ARTICLE – PUBLISHER OF THE OFFER
The KADALYS Online Shop (hereinafter referred to as the “Site”) is an e-commerce site accessible via the Internet at www.kadalys.com. It is open to any user of this network (hereinafter referred to as “Internet user”). It is hosted by OVH, which is headquartered is located at 2 rue Kellermann – 59100 Roubaix – France. It is published by the company SHB, SAS with a capital of 118 182 euros, whose registered office is at 2 LOT POINSETTAS, PETER MAILLET, 97270 SAINT ESPRIT registered in the Register of Commerce and Companies of FORT DE FRANCE under the number 534 548 656 .
The Site allows KADALYS to offer for sale, cosmetic products (hereinafter referred to as “Products”) to Internet users browsing the Site (hereinafter referred to as “Buyers”).
ARTICLE 1 – PURPOSE
The present terms and conditions of sale and warranties are intended to define the terms and conditions under which KADALYS offers, through its SITE, the marketing of the PRODUCTS to BUYERS throughout the world.
Consequently, any ORDER of one or more PRODUCTS of the BUYER entails its unreserved acceptance and its full prior and full acceptance of these general conditions of sale and warranties which prevail over any other document, unless specific conditions expressly granted by written by KADALYS.
The BUYER acknowledges having read the general conditions of sale prior to its ORDER.
These general conditions of sale apply only to the online sale of the PRODUCTS on the SITE and they come into force as of September 1st, 2012. They cancel and replace all previous versions.
KADALYS reserves the right to modify at any time the present general conditions of sale. However, the general conditions of sale applicable to the ORDER of PRODUCTS passed by a PURCHASER on the SITE are those accepted by the BUYER at the time of placing the ORDER.
These general terms and conditions of sale and guarantees supplement the conditions of use of the SITE available at any time by the section “Legal information” of the SITE and applicable to the BUYER
ARTICLE 2 – PRODUCTS
The Products offered for sale by KADALYS are those which appear on the Site, on the day of the consultation of the Site by the User, and within the limit of the available stocks. The photographs illustrating the Products do not enter the contractual field.
2.1 Availability of PRODUCTS
Pursuant to Article L. 111-1 of the Consumer Code, the BUYER may, prior to his ORDER, take cognizance, directly on the SITE, of the essential characteristics of the PRODUCTS he wishes to order. On the other hand, in the event that the BUYER wishes to obtain qualified advice on the PRODUCTS, a Customer Service is made available to him by e-mail : email@example.com
In the event of unavailability of the PRODUCTS after placing the ORDER, the BUYER will be informed as soon as possible. It will then be proposed to him, of the choice, to modify his ORDER or to cancel it and thus to obtain reimbursement within 30 days of his request.
2.2 Warranty & Service
In any event, the BUYER benefits from the legal guarantee of eviction and hidden defects provided for in articles 1641 of the Civil Code and following. In the event of non-conformity of the PRODUCTS with respect to the ORDER or delivery of a PRODUCT revealing a hidden defect KADALYS undertakes, at the option of the BUYER, either to exchange the PRODUCT by an identical PRODUCT or quality and price equivalent according to the availability of the stock, or to refund it of the price of the PRODUCT within a maximum delay of 30 days following the request of the BUYER.
For any complaint, a “PRODUCTS” after-sales service is available to the BUYER by e-mail : firstname.lastname@example.org
With the exception of the specific case of non-conformity of the PRODUCTS with respect to the ORDER, there is no exchange of possible PRODUCT. If the BUYER changes his mind and wishes to exchange a PRODUCT ordered against a new PRODUCT, he must, under his right of withdrawal (see article 5.6), return the PRODUCT. This will be refunded but not exchanged. To have a new PRODUCT, the BUYER will have to place a new ORDER on kadalys.com.
The right of legal withdrawal by the Purchaser by express notification to KADALYS by one of the following 3 means:
- Mail : SHB SAS-KADALYS C/O SDM 8 RUE LEMERCIER 75017 PARIS
- Email: email@example.com
- Internet: www.kadalys.com , rubrique Message / Votre commande.
- Cancellation form : ANNEXE 1
With the exception of the specific case of non-conformity of the PRODUCTS with respect to the ORDER, there is no exchange of possible PRODUCT. If the BUYER changes his mind and wishes to exchange a PRODUCT ordered against another PRODUCT, he must, under his right of withdrawal (see article 5.6), return the PRODUCT. This will be refunded but not exchanged. To have a new PRODUCT, the BUYER will have to place a new ORDER on kadalys.com.
ARTICLE 3 – PRICE
The prices of the Products are indicated in euros. They take into account the T.V.A. applicable on the day of the order. KADALYS reserves the right, which the User agrees, to modify its prices at any time but the Products will be invoiced on the basis of the tariffs in force at the time of the registration of the order, subject nevertheless to the availability of the said Products.
For the metropolitan France, the prices of the PRODUCTS are expressed in euros and include all taxes included (TTC), excluding participation in the processing and shipping costs, the lump sum of which varies according to the BUYER’s choice, according to the tariffs of LA POSTE in effect on the date of the order.
The said lump-sum amount shall be applied and indicated at the final validation of the ORDER by the BUYER.
The PRODUCTS remain the property of KADALYS until the complete payment of the price.
Any promotional offers are valid as long as they are advertised on the SITE.
ARTICLE 4 – ORDER
4.1 Specific provisions for sale
In order to purchase the PRODUCTS, it is necessary for the BUYER to connect to the SITE and to inform his e-mail address and his password or to create an account where he will have to fill in his civility, his name, his first name, e-mail and password.
An online COMMAND of PRODUCTS causes :
1- the sending by KADALYS, via e-mail, of a confirmation and summary of ORDER ;
2- the dispatch by KADALYS, via electronic mail, of a confirmation of dispatch of the ORDER;
3- delivery by KADALYS of the PRODUCTS, by post, to the address indicated by the BUYER when placing its ORDER OF PRODUCTS.
4. 2 Provisions common to the sale
An ORDER is deemed to have passed on the SITE and the general conditions of sale and guarantees accepted as soon as the BUYER has validated its payment. The data recorded by KADALYS and the secure payment provider are proof of the nature, content and date of the ORDER.
The BUYER’s double click under the COMMAND is an electronic signature that has the same value as a handwritten signature. The double click and the acceptance of the general conditions of sale and guarantees (checkbox) constitute an irrevocable and unreserved acceptance of the ORDER by the BUYER.
The sale will be considered as definitive only after sending to the BUYER the confirmation of the ORDER by KADALYS and receipt by the latter of the full price. KADALYS recommends that the BUYER keep the information contained in the ORDER confirmation sent by KADALYS on a paper or computerized document.
Notwithstanding the foregoing, KADALYS reserves the right to cancel any ORDER of a BUYER with whom there is a prior payment dispute or for any other legitimate reason having regard in particular to the abnormal nature of the ORDER.
At any time, the BUYER may follow his ORDER in the “My Account / My Orders” space provided for this purpose.
ARTICLE 5 – PAYMENT TERMS
The payment of the ORDER is made online on the SITE (KADALYS.com) via a payment card (credit card, Visa, Mastercard or American Express). In case of purchase of one or more PRODUCTS on the SITE, the BUYER indicates directly in the zones provided for this purpose: the card number, its validity date and its control code located on the back of the card. The entire amount of the ORDER will be debited from the bank card on the day of the ORDER.
KADALYS reserves the right to suspend any management of ORDER and any delivery in case of non-payment or refusal of authorization of payment by credit card from the officially accredited and usual bodies of the Internet.
KADALYS reserves the right to refuse or honor an ORDER originating from a BUYER who has not settled for all or part of a previous ORDER or with whom a payment dispute would remain.
KADALYS can not be held responsible for any malfeasance or fraudulent use of any means of payment that would not have been detected by the verification procedure. The BUYER warrants to KADALYS that he has the necessary authorizations to use the method of payment he chooses for his ORDER.
Any fraudulent use of the credit card will not be eligible for reimbursement by KADALYS. As long as a PRODUCT ORDER (s) has not been fully adjusted, the PRODUCT (S) remains the property of KADALYS.
5.2 Securing payments
Purchases made by the BUYER are secured. When the BUYER makes his ORDER online, it is located on the KADALYS servers. When the BUYER makes payment for his ORDER, he switches to the secured servers of the partner of KADALYS: Paypal.
Transactions made on the SITE are secured by the Paypal payment system (www.paypal.com). All information exchanged to process payment is encrypted using SSL. This data can not be detected, intercepted or used by third parties. Paypal is certified by Visa (AIS), Mastercard (SDP) and American Express (TDC). These certifications ensure that the operational processes and technical solutions used by Paypla meet the most demanding criteria in terms of security of trade and protection of bank data. Paypal is one of the first payment operators worldwide to offer these three certifications.
ARTICLE 6 – TERMS OF DELIVERY
Delivery is limited to Metropolitan France..
KADALYS commits to dispatch the ORDER within 24 hours to 2 working days, depending on the choice of mode of delivery carried out by the BUYER.
The delivery will be made within an average of 2 to 5 working days depending on the choice of the mode of delivery carried out by the BUYER and in any event within a maximum period of 30 days from the day following the day of the transmission of its CONTROL.
Delivery is made by COLISSIMO or CHRONOPOST according to the choice made by the BUYER at the delivery address specified by the BUYER during the ORDER. KADALYS shall not be liable for any delay in delivery by the carrier.
Any erroneous or missing mention in the delivery address and the identity of the BUYER discharges KADALYS from the responsibility for delivery.
Upon receipt of the ORDER, the BUYER is required :
- to formulate any reservations and complaints to the Postman or to refuse the parcel if it is likely to have been opened or damaged ;
- to report these incidents to the After Sales Service whose details are indicated in article 2 for the PRODUCTS.
This shall be done without delay and at the latest within 3 working days of receipt of the ORDER.
Failing this, the ORDER is considered as delivered in good condition and can not be the subject of any dispute later.
ARTICLE 7 – RETRACTION & NON-COFORMITIES
The Seller undertakes to comply with all the legislation applicable to its relations with the BUYER, in particular the legislation on distance contracts, including Law No. 2014-344 of 17 March 2014, known as Hamon, and Decree of 17 September 2014 on consumption. Hence, the applicable provisions grant the Customer the right to withdraw for a period of 14 days from the receipt of the order (Article L.121-20 of the Consumer Code). If the fourteen (14) day period expires on a Saturday, Sunday, or holiday or non-working day, it shall be extended to the next working day.
All the sums paid including the costs of delivery and return of the property will then be returned by the Site to the BUYER. These sums will remain ultimately at the expense of the Seller, the amount being deducted from the sums still due by the Site to the Seller. The refund of all the sums paid will take place at the latest within 14 days, from the date of exercise of the right of withdrawal. Beyond that, the amount due shall automatically be paid interest at the legal rate in force.
If the amount of your original order has allowed you to obtain a benefit (free shipping, goodies, samples, …), the refund of returned products will be possible subject to the return of the benefits. If the total amount of the returned items drops the amount of the original order below the threshold giving access to the free shipping costs, then these shipping costs will be deducted from the amount of your refund.
Returns (due to non-conformity or exercise of the right of withdrawal) must in any case be made to the following address: AXELIS + C / O KADALYS 62/64 rue Maurice Gunsbourg – 94200 IVRY SUR SEINE their original packaging and in a perfect state of resale. In principle, the return shipping costs of the parcel will be borne by the BUYER.
ARTICLE 8 – LIMITATION OF LIABILITY
KADALYS can not be held responsible for any indirect damages that may arise from the purchase of the PRODUCTS.
KADALYS can not be held responsible for the non-execution of the ORDER in the event of stock shortage or unavailability of the PRODUCTS due to a case of force majeure as defined by the jurisprudence and French jurisdictions.
Similarly, KADALYS ‘liability under the terms of these general conditions of sale can not be incurred in the event of damage arising from the use of the Internet, such as viruses, intrusion, loss of data, internet service.
Annexe 1 : Model of withdrawal form
Please complete and return this form and your order number only if you wish to return your order partially or in full.
Return Address: Please return your items to the address shown below.
To the attention of SHB SAS – KADALYS, C/O
62/64 rue Maurice Gunsbourg
94200 IVRY SUR SEINE
E-mail : firstname.lastname@example.org
I notify you by the presence my retraction concerning the sale of the property below :
– Ordered on [……………..] (*) received the [……………..] (*)
– The first name and last name
– Consumer Address :
– The Date :
– The reason for return
– The Returned Product Detail: Please indicate for the product (s) returned the reference, the name, the quantities as indicated on your Delivery Note.