General Conditions of Sale (v3.1 – 05/01/2020)

 

Preamble

In this document, the terms :

“Seller”, “Company”: are used to represent the company Kalyweb Services, located at 1, rue de Stockholm, 75008 Paris, registered with the Paris Trade and Companies Register under SIREN number 791582166.

And 

“User”, “the Buyer” or “the Customer” are used to represent the individual or legal entity purchasing products or services from the company.

The Seller is a publisher of products and services for consumers, marketed through its website https://kechly.eu (or any other related sites). The list and description of the products and services offered by the Company can be consulted on the aforementioned site.

Translated with www.DeepL.com/Translator (free version)

Article 1 – Object

The present General Conditions govern the rights and obligations of the Seller and the Customer in the context of the sale of our products and services from our Internet site to Internet users throughout the world, in application of possible restrictions, permanent or temporary, on the export of goods.

On our Internet site is proposed a set of textile products and other materials, as well as various accessories and articles.

The marketed products respect all the sanitary and clothing standards in force in France and Morocco and the validation of these General Conditions is worth the knowledge and the acceptance.

Within the framework of the online sale of our products and accessories, we offer our Customers a telephone hotline from Monday to Saturday from 8:30 am to 7:00 pm.

Translated with www.DeepL.com/Translator (free version)

Article 2 –  Application

These GCS, realized in French language, are de facto an integral part of the contract between Buyer and Seller. They are opposable to the Buyer who has accepted them before placing the order. Their acceptance commits the Customer to comply with their terms and conditions.

Through the order confirmation process, the Customer assures the Seller of its clear and unreserved acceptance by ticking a box set up by the Seller on its website.

The Seller reserves the right to modify its Terms and Conditions of Sale at any time by posting new versions on its website. The GCS then applicable will be those in force at the date of the Customer’s order.

The Customer acknowledges that it has sufficient information on the Seller’s website to ensure the suitability of the Seller’s products and services to its needs. In particular, by the product and service information available on the Seller’s website and by the contact information set up on the same website (Contact form, telephone, email).

By placing its order on the Vendor’s website, the Customer assures the Vendor that it is legally able to contract under French law or validly represent the natural or legal person for whom it is committing itself by its order.

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3 –  Price

The sale price including all taxes of each article is clearly indicated on our website at the time of the Internet user’s connection and when ordering.

The Seller reserves the right to modify the price of the articles at any time. Orders will be invoiced on the basis of the price list in force at the time of the validation of the order.

If specific shipping charges are to be applied, they will be indicated at the time of order confirmation.

Any shipment of products outside metropolitan France that would give rise to additional costs (additional transport costs, customs duties, import duties, specific taxes, etc.) is not the responsibility of the Vendor, who must, therefore, inquire about these points with the corresponding authorities. These costs will be borne by the Buyer.

Article 4 – Regulations

Payment for our services and products must be made by the Customer by transfer for personalized orders only or, by Internet using a valid credit card, for non-personalized orders purchased directly on our website.

For credit card payments, the transaction is debited at the time of order validation.

The Customer acknowledges that the communication of his credit card information is equivalent to authorization to debit his bank account to our company for the total amount of the order, including all fees and taxes.

The order will not be delivered, or automatically suspended, in case of opposition to the payment, by the bank card used at the time of the order.

The personalized order must be paid by bank transfer and will be processed only when the payment is received on the Seller’s account.

Any bank charges shall be borne by the Customer.

Article 5 – Acceptance of the General Terms and Conditions of Sale – Withdrawal – Reimbursement

For non-customized masks : In accordance with the provisions of the Consumer Code of the country of residence of the consumer, the latter has the legal withdrawal period, to exercise his right of withdrawal without having to justify reasons, or pay penalties.

When the right of withdrawal is exercised, the consumer may return the item(s) in dispute.

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Items returned in their original packaging will then be refunded within 15 days maximum as provided by the Consumer Code in force in the country of residence of the consumer.

However within the very specific framework of the sanitary elements such as the fabric masks, the goods in return will be accepted and refunded only if they are returned in their original packaging without having been opened, except for manufacturing defects which could be noted only after opening the packaging.

Generally speaking, items will only be accepted and refunded if they have not been used or damaged and in their original packaging.

For personalized masks: The right of withdrawal does not apply to personalized masks whose BAT has been validated in advance by the Customer. In case of defect or error, the mask will be reissued and replaced.

“The right of withdrawal does not apply to personalized goods whose manufacture requires special adaptations to meet very specific technical and aesthetic requirements. The personalized goods offered on the Seller’s website are part of this category.

Article 6 – Contractual Engagement

In accordance with the provisions of Article 1127-1 of the Civil Code, the Seller has put in place all the necessary steps that the Customer must follow to formalize the contractual conclusion of the order of the items on the Seller’s website :

– Information on the characteristics of the Products and their use;

– Choice of the Product and its options;

– Indication of the Customer information necessary for the implementation of the Customer’s essential coordinated contract (identification, name of the legal entity, SIREN number, email, telephone address, etc.) as well as delivery and invoicing instructions;

– Acceptance of the present General Conditions of Sale;

– Verification of the elements of the order before confirmation;

– Instruction for payment.

Before proceeding to its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct its possible errors, or to cancel his order. The confirmation of the order will execute this contract.

The Customer will receive confirmation of the order by email together with these GTC, as well as an email with the corresponding invoice. These data will be archived on a site of the company. They will be available for consultation by the Customer at an address that will be specifically communicated to him.

If necessary, specific and complementary rules to the present GCS may be annexed in a document “Specific Sales Conditions”.

In accordance with the provisions of Article 1360 of the Civil Code, the archiving of the order and their details, invoices and related information is carried out on a reliable and durable medium so as to constitute a faithful and lasting copy. This information may be produced as proof of the contract.

The delivery will be made to the address indicated by the Customer who undertakes to provide his true identification elements.

The Seller reserves the right to refuse the order for any legitimate reason, including but not limited to: any abnormal request, made in bad faith, …

Article 7 – Products and Services

In accordance with Article L112-1 of the Consumer Code, the Seller’s website informs the Customer of the prices and special conditions of sale and performance of services before any conclusion of the sales contract.

The total amount of the order due by the Buyer is indicated on the order confirmation page, at the product price in force on the day of the order.

Possible shipping costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation.

Apart from the delivery time (specified in the article Payment) when the execution of the order is not immediate a clear information is given on the order page of the product as for the delivery dates.

For products with a personalization part, the manufacturing lead time will start only after validation of the design by the Customer (BAT) and confirmation of payment.

In the case of a customizable product, the Customer authorizes the Seller to use its design to update the Seller’s website as an example of production.

The Customer certifies that it has received all the information required to complete its order:

A detail of the delivery charges, if applicable,
The terms of payment,
Terms of delivery,
The terms and conditions for the execution of the contract,
Detailed information on the identity of the seller, his contact details and his activities in the context of this sale.

All illustrations and photos contained in the Seller’s website have no contractual value.

In the context of an order for a customizable product, the Customer must provide the elements of personalization. The Customer assumes full responsibility for the quality of the elements provided, so that the product manufactured can be of the expected quality. Following this, the Customer will receive electronically a “Good To Draw” (BAT) of the Seller’s services. The Customer must then validate this “Good To Draw” or request minor adjustments (enlargement, placement). Once validated, the Customer is responsible for the design and agrees to manufacture on the basis of the “Good To Draw”.

Except under special conditions, the rights granted hereunder are granted only to the natural person signing the order.

Article 8 – Shipping

In the event that the delivery period is delayed by more than 15 working days, the Seller will give notice of the foreseeable delivery times 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 its full refund and the cancellation of the order. This notion does not apply to personalized masks.

Delivery is made to the address provided by the Customer, who assumes responsibility for the truthfulness and accuracy of this information.

For personalized orders, the delivery times indicated start from the design validation (BAT) by the Customer.

When the Customer places several orders on the same day, the Seller reserves the right to group them together and the delivery time shall in fact become the longest period of time for the orders placed.

When the Customer takes physical possession of these orders, it assumes the risks of loss or damage, which are transferred to it. It is the Customer’s responsibility to notify the carrier of any reservations about the delivery.

Article 9 – Responsibility

The Seller shall not be held liable in the event of non-compliance by the Customer with the legislation of the country where the products are marketed, in the event of dissemination of false, racist or defamatory information.

The Vendor’s moderation service regularly checks the information and suspends all orders and deliveries that do not comply with the rules of ethics and good morals.

In the case of a suspension of delivery, Customers are notified by e-mail and delivery will resume after correction of the points not accepted.

The Seller always makes every effort to ensure the good quality of experience of its Customers and Internet users.

Moreover, the Seller shall not be held liable for damages resulting from the misuse of the purchased product.

Finally, the Seller shall not be held liable for any inconvenience or damage inherent to the use of the Internet, including but not limited to a break in service, external intrusion or the presence of computer viruses.

Article 10 – Retention of title clause

The products remain the property of the Company until full payment of the price.

Article 11 – Intellectual Property

The trademarks, 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 GCS. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. Any simple link or hypertext link is strictly forbidden without our written agreement.

In case of a customizable product, the Customer authorizes the Vendor to use its design to update the Vendor’s website as an example of realization. This authorization to use the design created by the Seller is however strictly reserved for its website and does not represent in any way a transfer of ownership from the Customer to the Seller concerning the images and logos provided by the Customer.

Article 12. Force majeure

The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of an act of God 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 13. Declaration of the Applicant

All the information indicated at the time of the order by the applicant must comply with the regulations of his country of residence. All the information may be transmitted to all federal institutions, upon request, in accordance with the paragraphs of the privacy laws.

The information disclosed will be retained in accordance with the Privacy Act.

The applicant, by accepting these General Terms and Conditions of Sale, declares that he has read and understood all the terms of this paragraph and, declares on his honour that all the information indicated, when ordering online, is sincere and truthful.

Article 14. Invalidity clause

If one of the parts of the present General Terms and Conditions of Sale should be declared null and void, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties.

Any modification of the present General Terms and Conditions of Sale, on a current order, is valid only after a written and signed agreement of the parties.

Article 15 – Personal Information

We collect nominative information and personal data concerning all our Clients. This information is necessary for the management of orders, as well as to improve the services and information addressed to the Customers.

It may also be transmitted to companies and administrations that contribute to these relations, such as those in charge of the execution of services and orders for their management, execution, processing and payment.

This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.

In accordance with the law, all Customers have the right to access, rectify and object to personal information and data concerning them, via our customer service department.

Article 16 – Applicable Law

By express agreement between the parties, these Terms and Conditions of Sale are governed by French law and subject to the law of the jurisdiction of the Seller’s registered office.

Article 17 – Litigation

In accordance with the provisions of the Consumer Code, the parties will have the possibility of resorting to a conventional mediation or conciliation procedure possibly provided for by the Code of Civil Procedure. Failing to find an amicable solution, the dispute will be submitted and settled by the Commercial Court of Paris.