General terms of sale
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the www.kite-hook.com website are informed of the identity of the various parties involved in its creation and monitoring:
Owner: Marie Goasdoué - 683 Kelerdut 29880 Plouguerneau, France, whose micro-enterprise is registered with the Brest Trade and Companies Register under Siret number 841 026 628.
Creator & Designer: Lauyan Software, 16 rue du Général de Gaulle, 78120 Rambouillet, France
Hosting : O2Switch, 222-224 Boulevard Gustave Flaubert, 63000 Clermont-Ferrand, France
Webmaster: Marie Goasdoué
Writing and content management: Marie Goasdoué and Hervé Nieutin
Photo credits: Marie Goasdoué, Hervé Nieutin, Alexis Doublier
Article 1: Purpose
The present General Terms and Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products offered by the Seller.
The contract defines the obligations of the parties (seller: deliver the goods, buyer: pay the price) - obligation of information imposed by art. L111-1 c. conso.
Article 2: Provisions
These General Terms and Conditions of Sale (GTS) apply to all sales of products, made on the site www.kite-hook.com. The Seller reserves the right to modify the present terms and conditions at any time by publishing a new version on its website. The applicable GTC then are those in force at the date of payment of the order. The Seller also ensures that their acceptance is clear and without reservation by putting a check box and a validation click. The Customer declares having read all of these General Terms and Conditions of Sale, and if necessary the Special Terms and Conditions of Sale related to a product or service, and accept them without restriction or reservation. The Customer acknowledges that he has benefited from the advice and information necessary to ensure that the offer meets his needs. The Customer declares that he is in a position to contract legally under French law or validly represent the natural person or legal entity for which he is committing himself. Unless proven otherwise, the information recorded by the seller constitutes proof of all transactions.
Article 3: Price
The price of the product sold through the website is indicated in Euros excluding specific shipping costs. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be borne by the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Seller reserves the right to modify its prices at any time in the future. The telecommunication costs necessary to access the Seller's website are at the expense of the Customer as well as the delivery costs.
Article 4: Online purchase
The Customer will have to follow a series of specific steps to be able to carry out his order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Selection of the Product and indication of the Customer's essential data (identification, address...); ➢ Acceptance of these General Terms and Conditions of Sale. ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Follow-up of payment instructions and payment of the products. ➢ Delivery of the products. The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide his or her true identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Product
The essential characteristics of the product and its price are made available to the buyer on the company's website. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer's order within the limits of available stocks of products only. Failing this, the Seller shall inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation when the order is validated.
The parties agree that the illustrations or photos of the product offered for sale have no contractual value. The period of validity of the product offer as well as its price are specified on the seller's website. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions regarding conformity and hidden defects, the Vendor shall reimburse or exchange products that are defective or do not correspond to the order. The refund can be requested in the following way: by email, via the contact form on the Seller's website, specifying the reason for the request for refund or exchange. If necessary, a photo of the damage may be requested from the customer. Once the return request has been accepted by the seller, the customer must return the product in a perfectly adapted packaging (cardboard packaging plus bubble wrap). For the return of a new product, the seller may refuse the refund if the packaging made by the customer has not allowed optimal protection of the product, and that it reaches the seller damaged. Once the product reaches the seller, and depending on its possible state of deterioration, the seller will proceed to a total or partial refund. In any case, the return costs are not refunded.
Article 6: Retention of title clause
The product remains the property of the seller until full payment of the price.
Article 7 : Delivery terms
The products are delivered to the delivery address that was indicated at the time of the order. The delivery time indicated on the site does not take into account the order preparation time. A delay in delivery linked to the carrier cannot be imputed to the Seller. The Seller reminds that when the Customer is in physical possession of the products, the risks of loss or damage to the products are transferred to the Customer. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product. It should be noted that shipment to countries requiring a customs declaration may extend the delivery time. In addition, all costs related to the customs clearance of the product(s) remain the responsibility of the Customer.
Delivery problems such as: delays, loss of the package or damage to the package or the product are not attributable to the Seller. Consequently, no refund can be claimed from him.
Requests for refunds relating to delivery problems (loss of the product, product damage) are to be made by the Buyer to the service providers La Poste Colissimo or Mondial Relay. The amount of the refund announced by these service providers is 23€ per Kg.
Article 8 : Availability
Orders will be processed within the limits of our stocks.
Article 9 : Payment
Payment is due immediately upon ordering. The Customer can make the payment by :
payment card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The secure payment (3D Secure) online by credit card is carried out by our payment service provider:
- Paypal: once the payment is launched by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information at the time of sale, the Customer authorizes the Seller, via Paypal, to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled by operation of law and the order is cancelled. For more information on the use of your personal data by Paypal, you must go to their dedicated page here.
- bank transfer exclusively in euros. Bank or exchange rate charges are the responsibility of the customer.
Any order not paid within 7 days after being registered and validated online will be automatically cancelled.
Article 10: Withdrawal period
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception, where appropriate, of the cost of return". "The period mentioned in the previous paragraph shall run from receipt in the case of goods or from acceptance of the offer in the case of services. The right of withdrawal may be exercised by contacting the seller using the contact form on the seller's website. In case of exercising the right of withdrawal within the above-mentioned period, only the price of the purchased product and the shipping costs will be refunded, the return costs remain at the expense of the Customer. The return of a product must be made in its original condition with sufficient and suitable packaging so that it can be remarketed in new condition; it must be accompanied by a copy of the proof of purchase.
Article 11: Intellectual property rights
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. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
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 performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 13: Protection of personal data
The data that we collect on the www.kite-hook.com website is :
- your postal address including name and surname to ship your order,
- your telephone number (optional) to allow the delivery person to contact you if they cannot find your address,
- your email to: send you one or more messages to track the shipment of your order, answer your question when the chat box is offline and possibly submit a satisfaction questionnaire,
Under no circumstances will your personal details be given or sold to third parties.
By adhering to these general terms and conditions of sale, you consent to the collection and use of this data for the purpose of this sale.
In accordance with the French Data Protection Act of 6 January 1978, you have the right to question, access, modify, oppose and rectify any personal data concerning you. You can make any complaint to www.cnil.fr
Article 14: Legal guarantee of conformity
The products sold on the site comply with the regulations in force in France and benefit from full rights.
The legal guarantee of conformity, for products that are apparently defective, damaged or damaged or do not correspond to the order.
The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use.
Article 15: Applicable law
All the clauses in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law.
"Our general terms and conditions of sale have been drawn up on the basis of a free template that can be downloaded from the site https://www.donneespersonnelles.fr/".