Under Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, it is specified to users of the site www.kendama-france.com the identity of the various stakeholders as part of its implementation and monitoring:
Owner : KDFR SAS - 834 535 411 RCS de Lyon
Responsible for publication : Timothée Berthelot - email@example.com
Webmaster : Thierry Maillot - firstname.lastname@example.org
Hosting provider : SHOPIFY : OVH - Roubaix
Maintenance / Safety : EDWeb Creations
SAS KDFR with the trade name “Kendama France” is a simplified joint stock company, whose head office is located at 25 rue Étienne Richerand 69003 Lyon, registered with the Trade and Companies Register of Lyon under number 834 535 411. Kendama France is a company specializing in distance selling, via its website www.kendama-france.com (hereinafter referred to as the “Site”), of kendama and wooden toy accessories. Intra-community VAT number: FR64834535411
ARTICLE 1: SCOPE OF APPLICATION
These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by Kendama France on its Site. These conditions apply to the exclusion of all other conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels. These General Conditions of Sale (hereinafter referred to as "GTC") are accessible at any time on the Site and will prevail, where applicable, over any other version or any other contradictory document. Unless proven otherwise, the data recorded by Kendama France constitutes proof of all transactions. Kendama France reserves the right to modify, if necessary, at any time, these general conditions of use and sale, but the GTCs applicable to the order will be those existing on the Site on the day of confirmation of acceptance. of the order by Kendama France.
ARTICLE 2: OBLIGATIONS OF THE CUSTOMER USER OF THE SITE
Any natural or legal person visiting or ordering the Site (hereinafter referred to as the "Customer") declares to have full legal and legal capacity to enter into any contract through the Site and is fully authorized to use the means of payment. used to pay the price. When browsing the Site, the Customer undertakes to a) demonstrate good faith and behave in accordance with the legislation in force b) communicate non-erroneous and up-to-date personal data on his civility, his personal data and the means of telecommunications allowing to get in contact with him c) not to disturb the normal enjoyment of the site by the other users. Any attempt to obstruct the proper functioning of the service and any attempt to hack the service is expressly prohibited and engages the civil and criminal liability of its author. The content of the Site is the property of Kendama France and its partners and is protected by French and international laws relating to intellectual property. Kendama France reminds that any extraction or use of the content of the database not expressly authorized may engage the civil and / or criminal liability of its author. Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting. Any hypertext link with the Site must be subject to prior authorization from Kendama France.
ARTICLE 3: CONFIDENTIALITY OF ACCESS
The collection of information concerning the Customer, requested in the contact forms, is necessary for the processing of Customer requests, for sending information on our products, and for statistical management analyzes. To ensure data security, it is the Customer's responsibility to keep their password and nickname secret. Kendama France informs the Customer that his data is recorded, and has been declared to the Commission Nationale Informatique et Liberté under number 1852902, in accordance with the provisions of Law No. 78-17 of January 6, 1978, for customer relationship management purposes. Consequently, the Customer has the right to access, modify, rectify or delete his data collected by contacting Kendama France as indicated in article 14. The data transmitted by the Customer are kept for the time legal necessary for the administration of proof. Kendama France refrains from any disclosure or resale of nomi data.nativare relating to the customer, subject to contrary provisions in the special conditions and in particular the Customer's acceptance to receive advertising from Kendama France and the communication of the value of his order on an anonymous basis to Google Analytics © to statistical purposes. If you leave a comment, the comment and its metadata are retained indefinitely. This allows subsequent comments to be recognized and approved automatically instead of leaving them in the moderation queue. For users who register on our site, we also store the personal data indicated in their profile. You can request to receive a file containing all the personal data that we hold about you, including those that you have provided to us. You can also request the deletion of personal data concerning you. This does not take into account data stored for administrative, legal or security reasons. As part of Facebook's Pixel program and marketing operations, data collection is automated so that Facebook can offer you targeted advertisements resulting from your visit to our site. For security reasons, the site data passes through servers managed by ED WEB Créations, our security and maintenance service provider.
ARTICLE 4: ORDER
The Customer can place an order on the website www.kendama-france.com. The ordering process is as follows: a) choice of items and addition to the basket. The Customer is informed in real time of the availability of the product (s) he wants to order b) validation of the contents of the basket c) identification on the site www.kendama-france.com if the customer is not already identified d) choice of delivery method. The Customer is informed of the cost of shipping and the delivery time e) choice of payment method and acceptance of the GTC f) validation of payment. The product offers are understood within the limits of available stocks and without any particular commitment by Kendama France. To place an order, the Customer must first register on the Site by choosing a username and password. The Customer must verify the completeness and the conformity of the information provided during the order, in particular concerning the delivery address, the billing address, the bank details and information. Kendama France cannot be held responsible for any data entry errors and the resulting consequences (for example delays or delivery errors). In these cases, the costs incurred for the reshipment of the order would be the responsibility of the Customer. The Customer confirms his order through the electronic purchase procedure on the Site. This customer confirmation establishes the sales contract between the Site customer and the product seller. The sale will not be firm and final and the availability and shipping times do not begin until the Customer has sent confirmation of the acceptance of the order by email to Kendama France. This confirmation is only sent by Kendama France upon receipt by it of the order form and final collection (as stated in the "payment" article) of the sums due by the Customer. Kendama France reserves the right to refuse or cancel any order or any delivery from a Customer with whom there is a dispute relating to the payment of a previous order. The Customer will be able to follow the progress of his order on the Site, under “My Account”. For any information or complaint concerning an order, the Customer can contact the Site by sending an email to email@example.com
ARTICLE 5: RIGHT OF WITHDRAWAL
The Customer has, in accordance with the law, a withdrawal period of 14 clear days from the delivery of the products to return them to Kendama France for exchange or refund. The Customer must inform Kendama France of his desire to exercise this right of withdrawal by registered or electronic mail sent to the following address: firstname.lastname@example.org. The Customer must return the product to the Kendama France address. The return costs will be the sole responsibility of the Customer. The sums paid by the Customer when ordering, including the first delivery costs will be fully refunded, by credit to the bank card or PayPal account which served as payment within a maximum period of 14 days from the financial year. of the right of withdrawal. In the event of late reimbursement, the reimbursement will be increased by 10% for 30 days late, 20% for 60 days late and 50% beyond. The Customer may, if he wishes, opt, on a proposal from Kendama France for another method of reimbursement, in the form of assets or vouchers in particular.
ARTICLE 6: PRICE AND PAYMENT OF PRODUCTS
Prices are expressed in Euros (€) All taxes included, excluding shipping costs. Shipping costs can be viewed on the Site at any time in the "delivery" section. The prices are valid in metropolitan France and in member countries of the European Union. For billing addresses located in French overseas departments and territories and non-member countries of the European Union, VAT will be automatically deducted from your order. All prices are on an INCOTERMS "Delivery At Place" DAP "basis. Any customs fees that may be due are the responsibility of the Customer, to be paid directly by him to the deliveryman. Kendama France collects the price including VAT, shipping costs included. Kendama France reserves the right to modify its prices at any time. The products are invoiced on the basis of the prices in force on the day of confirmation of the acceptance of the order by Kendama France. The price indicated in the confirmation of the order by Kendama France is the final price, except for VAT, the rate applied being that in force on the day of delivery of the products. These prices are firm and not subject to revision, excluding promotions organized by the Site. In the event of a price reduction announcement on the Site, the reference price will be indicated. The price is payable either in full cash on the day the order is placed by the Customer a) by credit card (Visa, Mastercard, Carte Bleue, American Express) online b) by PayPal, or c) by check or d) by transfer. In case of cash payment, the products are shipped within 48 hours. In the event of payment by check or bank transfer, the products are shipped within 48 hours of receipt of payment to the address indicated at the bottom of the GTC. For payment by bank transfer, the bank details to be used are as follows: Bank: CREDIT AGRICOLE DES SAVOIE Beneficiary: KDFR SAS BIC: AGRIFRPP881 IBAN: FR76 1810 6008 1096 7529 9176 303 Kendama France will not be required to deliver the products ordered by the Customer if the price and delivery costs have not been previously paid in full. Payments made by the Customer will only be considered final after payment of the provision to our bank account. The regulations are portable net and without discount. Unless the seller has expressly agreed in advance and in writing, and provided that the reciprocal debts and debts are certain, liquid and payable, no compensation may be validly effected between any penalties for late delivery or non-compliance of the products with the order and the sums due for the purchase of the products from the seller. For payments concerning professionals, when a payment deadline is granted, the professional client must respect this commitment or face a penalty for late payment of 400 euros net excluding VAT. Late payment is applicable one month after the expected payment date.
ARTICLE 7: AVAILABILITY
The products listed on the Site fall into two categories: a) Products in stock in the premises of Kendama France, which the Customer can add to the basket and order. These products are clearly indicated "in stock" in the pages listing the Site's assortment and in the detailed product description sheets. b) Products being restocked, which the Customer cannot add to the basket or order, but for which he can consult the detailed description sheets. These products are clearly indicated "product out of stock" in the detailed product description sheets. The Customer can request to be informed as soon as these products are released for sale once their stock has been renewed by contacting customer service by e-mail. However, an error can exceptionally occur. In this case and in the absence of availability of one or more ordered item (s), Kendama France undertakes to inform the Customer as soon as possible, and to offer a replacement product as far as possible. . The Customer will then have the option of accepting the replacement product (within the time limits prescribed in the replacement offer), or requesting the cancellation of his order in its entirety. In the event of cancellation of an order, the Customer will be refunded: - if the payment was made by credit card, transfer or Paypal, as soon as possible and at the latest within 10 days by crediting your bank account or account Paypal; - if the payment was made by check at the latest within 14 days of payment of the sums paid by the Customer by check.
ARTICLE 8: DELIVERY
8.1 Shipping methods: Packages are delivered to the address indicated by the Customer on the order form. In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by Kendama France, the related costs will be the subject of a specific additional invoicing, on estimate previously accepted in writing by the Customer. In the absence of a specific request from the Customer, the packaging and shipments will be according to the standard established by Kendama France. Kendama France declines all responsibility in the event of an excessively long delivery time due to the postal services (strike or malfunction).
The delivery methods offered in France are: a) - at home • Colissimo "Access": delivery directly to letterbox without signature or by any other delivery method agreed between La Poste and the Customer. La Poste can take the initiative to deliver a door-to-door delivery to any person present at the address. Failing this and in the event that delivery to the letterbox is not possible, La Poste may deliver it to a neighbor, a caretaker or concierge who agrees to take delivery. The contact details of the latter will be indicated to the recipient on a notice delivered in the letterbox to the delivery address indicated by the Customer. The absence of a letter box, or of nominatives on the letterbox or its inaccessibility, relieves Kendama France and La Poste of its obligation to deliver to the address indicated by the Customer. In the event of the parcel being larger than those of the letterbox, and / or the absence of a neighbor, guardian, or janitor, filing of a notice indicating the contact details of the post office where to collect the package or new presentation (s) subsequently, at the initiative of the Post Office. Delivery of any object pending at the counter to the recipient or his duly authorized representative on presentation of an identity document and against signature with a maximum duration of 15 consecutive days (excluding the day of presentation at home). Beyond this period, return of the package to the sender. Possibility of monitoring the situation of the parcel by contacting Kendama France customer service at the following address: email@example.com
b) out of home • Chrono Shop2shop: delivery to the Point Relais® selected by the Customer. Notification by email or SMS as soon as the package is made available in the Point Relais®. The package must be collected within 15 days of being made available at the Point Relais®. After this period, the package is returned to the sender and any new delivery will then be borne by the Customer. Very light and / or very small parcels may be sent by post as a priority letter to the Customer's home instead of the chosen Point Relais, at the discretion of Kendama France. In this case, the Customer will be notified by an e-mail on dispatch.
Internationally, the main mode of delivery offered is Delivengo: delivery to the Customer's address against signature or that of any person attached to his department or living with him or by any other mode of provision agreed between La Poste and the receiver. In the absence of the recipient or in the event of the parcel being larger than those of the letterbox, the same procedures as for Colissimo France.
For more information, see the page " Shipping».
8.2 Times: The average times from Kendama France premises to mainland France excluding Corsica are as follows: - Chrono Shop2shop: 3 to 5 days, Tuesday to Saturday - Colissimo: 48 to 72 hours, Monday to Saturday For other destinations, consult the "delivery" page of the Site. Except in special cases or unavailability of one or more products, the products ordered will be delivered in one go. These deadlines are provided for information only. In the event that the expected delivery date for products exceeding seven days and not due to force majeure or fault on the part of the Customer is exceeded, the Customer may request the resolution of the sale under the conditions provided for in article L 114-1 of the Consumer Code and obtain reimbursement of the sums paid on the occasion of the sale if delivery has not taken place between the sending and receipt of this resolution letter. The Customer has a period of sixty working days from the date indicated for the delivery of the goods to exercise this right. Kendama France cannot be held responsible for the consequences due to a delay in delivery and no compensation can be claimed from it on this account, for a delay in the delivery of products.
8.3 Compliance: In all cases, the Customer is required to check, in the presence of the La Poste employee, the delivery person, or the Point Relais® or Relais Chrono® manager, the condition of the packaging of the goods and their contents at the delivery. In the event that the Customer has any doubts of any kind whatsoever about the condition or content of his package a) he is required to apply the procedure specific to each carrier, and if necessary, to refuse the goods by immediately issuing a report of anomaly (report 170 in the case of La Poste) b) report these incidents to Kendama France by e-mail firstname.lastname@example.org The Customer is required to check the condition of the products delivered and their compliance with the order. He has 48 hours from delivery to form by registered letter with acknowledgment of receipt all reservations or complaints for non-conformity or apparent defect of the delivered products, with all the relevant supporting documents. This notification of reservation will make it possible to engage the responsibility of the carrier. After this period and failing to comply with these formalities, the products will be deemed to comply and free from any apparent defect and no complaint can be validly accepted by Kendama France. Kendama France will replace as soon as possible and at its expense, the delivered products whose apparent defects or lack of conformity have been duly proven by the Customer. The products sold on the Site comply with the regulations in force in France. Kendama France cannot be held liable in the event of non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify. Please note, if the Customer entrusts the reception of the product to a third party (concierge of your building, receptionist at the workplace, etc.), the latter receives the package in the name and on behalf of the Customer. The Customer must therefore ask him to be vigilant in following the usual precautions and remind him to take the same care to the item received as if he were personally the recipient. Only in the particular case of non-compliant delivery, the return costs will be borne by Kendama France or will be reimbursed to the Customer. The return is made under the responsibility of the Customer: it is the Customer's responsibility to take all their arrangements (insurance, follow-up, etc.) to ensure the return of the product as is directly with Kendama France. In any case, these precautions do not preclude the benefit of legal guarantees, in particular that relating to hidden defects and the exercise of the right of withdrawal.
ARTICLE 9: LIMITATIONS OF LIABILITY
Kendama France cannot be held responsible for damages of any kind, direct or indirect (loss of profit, etc.), resulting from the malfunction or the improper use of the products sold. The same is true for any changes to products by suppliers. The responsibility of Kendama France will in any event be limited to the amount of the order and cannot be blamed for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the products. The photographs and illustrations accompanying the products on the Site, as well as the indicative indication of their weight, have no contractual value and therefore cannot engage the responsibility of Kendama France. In the event of a force majeure event, in accordance with article 1148 of the Civil Code, Kendama France cannot be held responsible for the delay in processing a Customer file or for non-performance of the contract.
ARTICLE 10: RESERVE OF OWNERSHIP
The products ordered on the Site remain the property of Kendama France, until payment has been finalized, plus delivery costs. As long as the seller's property right exists, no sale, guarantee, rental or other provision, incorporation or transformation of the products may take place without the prior written authorization of Kendama France, which may make its authorization subject to the constitution. payment guarantee or require that the resale price be attributed to it. The Customer already authorizes Kendama France and its transporter to enter the premises where the products are located during working hours to collect them.
Article 11: COOKIES
ARTICLE 12: APPLICABLE LAW AND LANGUAGE
By express agreement between the parties, this contract is governed and subject to French law. It is written in French. In the event that it is translated into one or more languages, only the French text will prevail in the event of a dispute.
ARTICLE 13: DISPUTES
All disputes to which this contract could give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent courts under the conditions of common law. In the event of a dispute with professionals and / or traders, the courts of Lyon (France) will be competent.
ARTICLE 14: CONTACT - NOTIFICATIONS
For any information or question, contact Kendama France:
- By mail addressed to: Kendama France 25 rue Étienne Richerand 69003 LYON. - By email to email@example.com All notifications, communications, formal notices provided for by the General Terms & Conditions will be deemed to have been validly delivered if they are sent by registered letter with acknowledgment of receipt: - For Kendama France: at the above address - For the Customer: at the postal and / or e-mail address qu 'he supplied to Kendama France, under his sole responsibility. Any change of address must be notified to Kendama France.