General terms and conditions of sale
Effective from 08/08/2017
ARTICLE 1 – SCOPE OF APPLICATION
These General Terms and Conditions of Sale (referred to as “GTC”) apply, without restriction or reservation, to all sales made by the Seller to non-professional buyers (individually “the Customer” and collectively “the Customers”), wishing to acquire the products offered for sale (“the Products”) by the Seller on the website www.kitiwake.com.
The Products offered for sale on the site are as follows:
Manufacture and sale of sportswear and high-end accessories related to the practice of soft sports.
The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the website www.kitiwake.com. By countersigning the GTC, the Customer acknowledges having read the characteristics of the Products before placing his order.
The choice and purchase of a Product is the sole responsibility of the Customer.
Product offers are within the limits of available stocks, as specified at the time of placing the order.
These T&Cs are available at any time on the www.kitiwake.com website and will prevail over any other document.
In accordance with article 1119 of the French Civil Code, the Client acknowledges that these General Terms and Conditions have been brought to his attention and declares that he has accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure on the website www.kitiwake.com.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
The Seller’s contact details are as follows:
Cannelle & Juliette SAS
Share capital of €10,000
Registered with the Paris RCS, under number 823 498 837
44bis rue de Vincennes 93 100 Montreuil
Mail: contact@kitiwake.com
Intracommunity VAT number: FR31823498837
The Products presented on the website www.kitiwake.com are offered for sale for the following territories:
All over the world
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product or Products concerned.
For all Products shipped outside the European Union and DOM TOM, the price will be automatically calculated excluding tax on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of the Customer and are the sole responsibility of the Customer.
ARTICLE 2 – PRICES
The Products are provided at the current rate shown on the website www.kitiwake.com, when the order is registered by the Seller.
Prices are expressed in Euros, excluding VAT and including VAT.
The rates take into account any discounts that may be granted by the Seller on the website www.kitiwake.com.
These prices are firm and cannot be revised during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website and calculated before placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and delivered to the Customer upon delivery of the Products ordered.
ARTICLE 3 – ORDERS
It is the Customer’s responsibility to select on the www.kitiwake.com website the Products he wishes to order, according to the following procedures:
The Products are shipped to the delivery address indicated by the Customer when ordering.
Any order placed on the site will be processed within 1 to 10 working days. Orders are processed and shipped Monday to Friday. Saturday and Sunday orders will be processed on the following Monday, orders placed on a public holiday will be processed on the following business day. Delivery times correspond to average processing and delivery times. In order to be able to respect these deadlines, the Customer must provide all the necessary information, such as street number, building number, staircase number, access codes, name and/or intercom number, etc.
In the event of an error in the wording of the customer’s contact details, Kitiwaké cannot be held responsible for the impossibility of delivering the order(s).
An email will be sent to the Customer to track his package.
Kitiwaké will not be held responsible for the consequences due to a delay in delivery that is not its fault.
Delivery will not be ensured in case of force majeure, transport strike and/or postal services. If the order has not been shipped and is more than 7 working days late, the Customer may request a refund by contacting the following e-mail address: contact@kitiwake.com
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and to immediately report any errors.
Any order placed on the www.kitiwake.com website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order 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. Any cancellation of the order by the Customer will only be possible before the delivery of the Products (regardless of the provisions relating to the application or not of the legal right of withdrawal).
ARTICLE 3bis – CUSTOMER SPACE – ACCOUNT
In order to place an order, the Customer is invited to create an account (personal space).
To do so, he must register by completing the form that will be proposed to him at the time of his order and undertakes to provide sincere and accurate information concerning his civil status and contact details, including his email address.
The Client is responsible for updating the information provided. It is specified that he can modify them by logging into his account.
To access his personal space and order histories, the Customer must identify himself using his user name and password, which will be communicated to him after registration and which are strictly personal.
As such, the Client refrains from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.
The Customer may also request unsubscription by going to the dedicated page on his personal space or by sending an email to contact@kitiwake.com.
This will be effective within a reasonable period of time.
In the event of non-compliance with the general terms and conditions of sale and/or use, the www.kitiwake.com site will have the possibility of suspending or even closing a Client’s account after a formal notice sent electronically and without effect.
Any deletion of an account, for whatever reason, results in the pure and simple deletion of any personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
The creation of the account implies the acceptance of these General Terms and Conditions of Sale.
ARTICLE 4 – TERMS OF PAYMENT
The price is paid by means of secure payment according to the following terms:
– Payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the authorised payment service provider involved in banking transactions carried out on the website www.kitiwake.com.
Payments made by the Customer shall only be considered final after actual receipt of the sums due by the Seller.
The Seller shall not be required to deliver the products ordered by the Customer if the latter does not pay the full price in accordance with the conditions indicated above.
ARTICLE 5 – DELIVERY
The products ordered by the Customer will be delivered in the following area(s):
Delivery France
– Standard delivery 8€
Delivery time: 1 to 4 working days
Standard delivery offered from 180€ for metropolitan France.
– Express delivery 18€
For any order placed before 12:30 pm, we deliver the next day before 1 pm everywhere in France and Monaco. For some coastal islands, the time limit may be extended by one day. This type of delivery is not available for Corsica.
Overseas delivery
Zone OM1: Guadeloupe (including St Barthélémy and St Martin), Martinique, Reunion Island, French Guiana, Mayotte and St Pierre and Miquelon
– Standard delivery 15€
Delivery time: 5 to 7 working days, excluding Mayotte and St-Pierre-et-Miquelon (7 to 10 working days)
Zone OM2: New Caledonia and its dependencies, French Polynesia, Wallis and Futuna Islands, French Southern and Antarctic Territories.
– Standard delivery 22€
Delivery Rest of the World
Zone 1: Germany, Belgium, Luxembourg, Netherlands
– Standard delivery 12€
Delivery time: 2 to 10 working days
Zone 2: Austria, Spain, Ireland, Italy, Portugal, United Kingdom
– Standard delivery 14€
Delivery time: 2 to 10 working days
Zone 3: Denmark, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, Sweden, Switzerland
– Standard delivery 15€
Delivery time: 2 to 10 working days
Zone 4: Finland, Greece, Iceland, Maghreb, Malta, Norway, Turkey, specific territories Spain and Portugal other Eastern European countries
– Standard delivery 17€
We do not commit to delivery times for these countries.
Zone 5: Australia, Canada, China, South Korea, United States, Hong Kong, India, Israel, Japan, Russia, Singapore, Thailand, Vietnam
– Standard delivery 23€
We do not commit to delivery times for the following countries: India, Israel, Russia, Vietnam
Zone 6: Africa (excluding Maghreb), Americas (excluding United States and Canada), Middle East, other Asian countries, Oceania (excluding Australia)
– Standard delivery 34€
We do not commit to delivery times for these countries.
Deliveries in metropolitan France take place within 1 to 4 working days from the date of payment of the total price by the Customer to the address indicated by the Customer when ordering on the site.
Deliveries abroad are made within 2 to 10 working days of payment of the total price by the Customer to the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are provided for information purposes only.
In the event of delivery in metropolitan France, if the ordered Products have not been delivered within 7 working days, the Customer may request a refund of his order by contacting the following e-mail address: contact@kitiwake.com
After the indicative delivery date, for any other reason of force majeure or the Customer’s fault, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3 and L 241-4 of the Consumer Code. The sums paid by the Client will then be returned to him at the latest within 14 days following the date of termination of the contract, excluding any compensation or withholding.
In the event of a particular request from the Customer concerning the conditions of packaging for the transport of the Products ordered, duly accepted in writing by the Seller, the related costs shall be invoiced separately, on the basis of an estimate previously accepted by the Customer.
The Customer is required to check the condition of the products delivered. He has a period of 30 days from the delivery date to make complaints by e-mail to contact@kitiwake.com, accompanied by all the relevant supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.
The Seller shall refund or replace as soon as possible and at its own expense, the delivered Products whose defects in conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto shall only take place at the time when the Customer physically takes possession of the Products. The Products therefore travel at the risk and peril of the Seller except when the Customer has himself chosen the carrier. As such, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 – TRANSFER OF OWNERSHIP
The transfer of ownership of the Seller’s Products will only be carried out after full payment of the price by the Seller, regardless of the delivery date of the said Products.
ARTICLE 7 – RIGHT OF WITHDRAWAL
According to the terms of Article L 221-18 of the Consumer Code, “the consumer has 14 days to exercise his right to withdraw from a contract concluded at a distance, following a telephone or off-premises canvassing, without having to justify his decision or bear any costs other than those provided for in Articles L 221-23 to L 221-25.
The period referred to in the first paragraph shall run from the day:
- The conclusion of the contract, for service contracts and those mentioned in Article L 221-4;
- The receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal as 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 goods consisting of multiple lots or parts delivered over a defined period, the time limit shall run from the receipt of the last good or lot or part.
In the case of contracts providing for the regular delivery of goods for a specified period of time, the period shall run from the date of receipt of the first good. »
The right of withdrawal may be exercised via any unambiguous declaration expressing the will to withdraw and in particular by postal mail addressed to the Seller at the postal address or e-mail indicated in Article 1 of the GTC.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
Returns are free of charge in metropolitan France. The customer must send an email to contact@kitiwake.com with the purchase invoice sent to him/her when ordering. The customer will then receive an email with a return form. In other cases, shipping costs are the responsibility of the Customer. It should be noted that only one exchange is allowed per Product.
If the item is not returned by the Customer within ten (10) days of making the request, the return or exchange is considered cancelled and the Customer must keep the product.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 – SELLER’S LIABILITY – GUARANTEES
The Products supplied by the Seller benefit:
– The legal guarantee of conformity for defective, damaged or damaged products or products that do not correspond to the order,
– The legal guarantee against hidden defects resulting from a defect in material, design or manufacturing affecting the delivered products and making them unfit for use,
Provision relating to legal guarantees
Article L 217-4 of the Consumer Code
“The Seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from the packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility. »
Article L 217-5 of the Consumer Code
“The property is in accordance with the contract:
- whether it is specific to the use usually expected of a similar property, and if so
– If it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model.
– If it has the qualities that a buyer can legitimately expect in view of the public statements made by the Seller by the producer or his representative, in particular in advertising or labelling;
- Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the Seller and which the latter has accepted. »
Article L 217-12 of the Consumer Code
“The action resulting from the lack of conformity shall be barred after 2 years from the date of delivery of the goods. »
Article 1641 of the Civil Code
“The Seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that diminish this use so much, that the buyer would not have acquired it, or would have given only a lower price, if he had known them. »
Article 1648 Paragraph 1 of the Civil Code
“The action resulting from the redhibitory defects must be brought by the purchaser within 2 years of the discovery of the defect. »
Article L 217-16 of the Consumer Code
“Where the buyer requests from the Seller during the course of the commercial warranty granted to him when acquiring or repairing movable property, a refurbishment covered by the warranty, any period of immobilization of at least 7 days shall be added to the duration of the warranty that remained to run. This period shall run from the date of the buyer’s request for intervention or the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention. »
In order to assert its rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Seller shall refund, replace or have repaired Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be refunded on the basis of the invoiced rate and return costs will be refunded upon presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective shall be made as soon as possible and at the latest within 30 days following the Seller’s discovery of the lack of conformity or hidden defect. This refund can be made by bank transfer.
The Seller’s liability shall not be engaged in the following cases:
– Non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer’s responsibility to check,
– In the event of misuse, professional use, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accidents or force majeure.
– The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The Seller’s warranty is, in any event, limited to the replacement or refund of non-conforming or defective Products.
ARTICLE 9 – INFORMATION TECHNOLOGY AND FREEDOM
In accordance with law 78-17 of 6 January 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the preparation of invoices, in particular.
This data may be communicated to any partners of the Seller who are responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website www.kitiwake.com has been declared to the CNIL, number 2046671 v 0.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition to the information concerning him/her. To do so, the Client simply sends his request to Kitiwaké by writing to contact@kitiwake.com.
ARTICLE 10 – INTELLECTUAL PROPERTY
The content of the www.kitiwake.com website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 11 – APPLICABLE LAW – LANGUAGE
These GTC and the operations resulting from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be used in the event of a dispute.
ARTICLE 12 – LITIGATION
For any complaint please contact the customer service at the Seller’s postal address or email address indicated in Article 1 of these GTC.
The Client is informed that he may in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The Client is also informed that he can also use the Online Dispute Resolution (ADR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale transactions concluded pursuant to these GTCs and which have not been settled amicably between the Seller or by mediation shall be submitted to the competent courts under the conditions of ordinary law.
