General terms and conditions of sale
PREAMBLE
These General Terms and Conditions of Sale (hereinafter the “Terms”) govern sales concluded between:
KADALYS INTERNATIONAL SAS, with a share capital of €2,500, registered under SIREN number 880 090 295, SIRET number 880 090 295 00028, RCS Fort-de-France, with its registered office located at 2 Lotissement Poinsettias, Quartier Peters Maillets, 97270 Saint-Esprit, Martinique (hereinafter “KADALYS” or the “Seller”),
and
any adult individual acting as a consumer within the meaning of applicable consumer protection laws and purchasing products through the website kadalys.com (hereinafter the “Customer”).
These Terms are accessible at any time on the Website and must be accepted before any order is placed.
Customer service can be contacted at: contact@kadalys.com
ARTICLE 1 – PURPOSE AND SCOPE
These Terms define the rights and obligations of the parties in connection with the online sale of cosmetic products marketed by KADALYS (hereinafter the “Products”) through the website kadalys.com (hereinafter the “Website”).
They apply to all orders placed on the Website and delivered:
Within mainland France and Monaco;
To French Overseas Departments and Territories (DROM-COM);
Within the European Union;
Internationally, depending on the countries available at the time of purchase.
The Customer declares that they:
Are an adult individual;
Are purchasing for personal, non-professional purposes;
Have the legal capacity to enter into a contract.
The applicable Terms are those in force on the date of the order.
ARTICLE 2 – DEFINITIONS
Customer: Consumer who has placed an order on the Website.
Products: Cosmetic products and accessories sold by KADALYS.
Website: www.kadalys.com.
Order: Purchase completed and paid for through the Website.
ARTICLE 3 – PRODUCTS
The Products offered are described and presented on the Website with the greatest possible accuracy.
Photographs and visuals displayed on the Website are non-contractual.
Minor variations (presentation, packaging, color) may occur without affecting the essential characteristics of the Product.
Products purchased on the Website may not be repackaged and/or resold by the Customer without the prior written consent of KADALYS.
ARTICLE 4 – AVAILABILITY
Product offers are valid while stocks last.
If a Product becomes unavailable after an order has been confirmed, KADALYS will inform the Customer and refund any amounts paid for the unavailable Product within fourteen (14) days at the latest.
ARTICLE 5 – ORDERS
The Customer selects Products on the Website and confirms the order after:
Verifying the contents of the shopping cart;
Selecting a delivery method;
Accepting these Terms;
Confirming payment.
Confirmation of the order constitutes acceptance of the prices, Product descriptions, and these Terms.
An order confirmation email is sent to the Customer.
KADALYS reserves the right to refuse any order in the event of:
Payment incidents;
Fraud or suspected fraud;
Existing disputes with the Customer;
Clearly abnormal or abusive orders.
ARTICLE 6 – PRICES
Prices are displayed:
In euros or in the currency available at checkout;
Inclusive of all taxes (VAT included) in countries where VAT is collected by KADALYS;
Or exclusive of taxes where applicable and indicated during checkout.
Shipping costs are displayed before final confirmation of the order.
For certain destinations, particularly outside the European Union and/or French Overseas Territories, customs duties, import taxes, customs clearance fees, or administrative charges may be payable upon delivery.
When applicable, these charges:
Are not invoiced by KADALYS;
Are not included in the displayed prices;
Remain solely the responsibility of the Customer.
KADALYS assumes no responsibility for customs duties, taxes, or import fees due upon delivery.
KADALYS reserves the right to modify prices at any time; however, Products will be invoiced based on the prices displayed at the time the order is placed.
ARTICLE 7 – PAYMENT
Payment is due immediately upon ordering.
Available payment methods are displayed on the Website during checkout. The Customer guarantees that they are authorized to use the chosen payment method.
In the event of fraudulent payment or unauthorized transactions, the Customer should immediately contact KADALYS and/or their banking institution.
This provision does not affect the Customer’s legal rights regarding unauthorized payment transactions.
ARTICLE 8 – DELIVERY
8.1 Delivery Terms
Products are delivered to the address provided by the Customer when placing the order, according to the delivery method selected.
KADALYS cannot be held responsible for delays resulting from:
Errors or inaccuracies in the delivery address;
Force majeure as defined under applicable law;
The carrier;
Customs or local administrative procedures.
8.2 Delivery Times
Delivery times are provided for information purposes on the “Shipping & Returns” page and may vary depending on destination, carrier, and local requirements.
Estimated delivery times are non-contractual.
For deliveries within the European Union, unless otherwise agreed, KADALYS shall deliver Products no later than thirty (30) days after conclusion of the contract.
8.3 Receipt and Inspection
Customers are encouraged to inspect packages and Products upon delivery.
In the event of damage, missing items, or deterioration, the Customer should:
Notify the carrier where possible;
Inform KADALYS as soon as possible, ideally within three (3) business days, providing photographs and supporting information.
This procedure does not affect the Customer’s legal rights, including statutory warranties.
8.4 Transfer of Ownership and Risk
Ownership of Products transfers to the Customer upon full payment of the order.
Risk of loss or damage transfers:
When the Customer, or a third party designated by the Customer (other than the carrier proposed by KADALYS), takes physical possession of the Products;
Or, if the Customer chooses a carrier not offered by KADALYS, when the Products are handed over to that carrier.
These provisions do not affect statutory consumer rights.
ARTICLE 9 – SPECIFIC PROVISIONS BY REGION (FRANCE / OVERSEAS TERRITORIES / EU / INTERNATIONAL)
9.1 Mainland France / Monaco
Prices are displayed inclusive of applicable French VAT unless otherwise specified.
Consumer rights relating to withdrawal, statutory warranties, and mediation apply in accordance with French consumer law.
9.2 French Overseas Territories (DROM-COM)
Deliveries to French Overseas Territories may be subject to specific logistical and tax rules.
9.2.1 VAT and Local Taxes
Depending on applicable regulations, prices may be:
Displayed inclusive of VAT;
Or exempt from mainland French VAT, with local taxes potentially applicable.
Customers acknowledge that local taxes and fees payable upon arrival may be their responsibility unless otherwise stated.
KADALYS cannot estimate such charges in advance and assumes no responsibility for them.
9.2.2 Delivery Times
Delivery times to overseas territories are generally longer and may be affected by:
Air or sea transport;
Local administrative procedures;
Peak periods;
Weather conditions.
Estimated delivery times are provided on the “Shipping & Returns” page.
9.2.3 Responsibilities
Customers must provide accurate delivery information.
If a parcel is returned due to an incorrect address, non-collection, or failed delivery, reshipping fees may apply.
9.3 European Union
Customers benefit from mandatory consumer protection laws applicable in their country of residence.
The right of withdrawal and legal guarantees apply as described in Articles 10 and 11.
9.4 Outside the European Union
Customs duties, local taxes, and import fees may apply upon delivery.
These charges remain the sole responsibility of the Customer.
KADALYS cannot estimate these costs and assumes no responsibility for them.
Customers are responsible for verifying that ordered Products are authorized for importation into the destination country.
KADALYS shall not be liable for import refusals or confiscation by local authorities.
ARTICLE 10 – RIGHT OF WITHDRAWAL (DISTANCE SALES – EU)
In accordance with applicable consumer legislation, Customers residing in the European Union have fourteen (14) days from receipt of the Products to exercise their right of withdrawal without providing reasons.
10.1 Exceptions – Hygiene and Health Protection
In accordance with applicable regulations, the right of withdrawal cannot be exercised for Products that have been opened, unsealed, used, or whose integrity can no longer be guaranteed for hygiene or health protection reasons.
Cosmetic Products therefore cannot be returned and refunded if:
The Product has been opened;
The Product has been used;
Protective seals have been broken;
The Product can no longer be resold.
This exception does not apply to defective or non-conforming Products.
10.2 Exercising the Right of Withdrawal
The Customer must notify KADALYS:
Using the withdrawal form attached hereto; or
Through any clear and unambiguous statement.
10.3 Returns
Products must be returned within fourteen (14) days of notification, in their original condition, complete, unused, and in their original packaging.
Return shipping costs are borne by the Customer unless otherwise agreed.
Return address:
NEOLYS
Boulevard d’Italie quai 607
77127 Lieusaint
France
10.3 bis Partial Returns
Refunds will only cover Products actually returned and accepted.
Initial delivery costs are refunded only where legally required.
10.3 ter Gift Sets and Bundles
Where Products are sold as indivisible bundles or gift sets, withdrawal applies to the entire bundle unless otherwise specified.
10.3 quater Promotions and Discount Codes
Refunds are based on the actual amount paid after discounts.
If a partial return invalidates a promotional offer, KADALYS may adjust the refund accordingly.
10.3 quinquies Gifts and Samples
Promotional gifts, samples, or benefits linked to an order must be returned where possible if the entire order is withdrawn.
If not returned, KADALYS may deduct their commercial value from the refund where legally permissible.
10.4 Refunds
Refunds will be issued within fourteen (14) days from the date KADALYS is informed of the withdrawal.
However, reimbursement may be withheld until Products have been received back or proof of shipment has been provided.
Refunds are made using the same payment method originally used unless otherwise agreed.
ARTICLE 11 – STATUTORY WARRANTIES (EU/FRANCE)
The Customer benefits from the statutory warranties under the conditions set out in Appendix 2.
In the event of a defect, the Customer must contact Customer Service at: contact@kadalys.com, indicating their order number, the reference of the Product concerned, and providing any relevant supporting information (photos, description).
ARTICLE 12 – LIABILITY
KADALYS shall only be liable for direct and foreseeable damages resulting from a contractual breach.
KADALYS shall not be held liable for:
Improper use of the Product;
Failure to follow usage precautions;
Allergic reactions or individual intolerances not attributable to a lack of conformity;
Local restrictions preventing importation;
Delays attributable to the carrier or local administrative procedures.
As cosmetic Products are intended for personal use, Customers are encouraged to review the ingredient list (INCI) and perform a patch test before use, particularly in cases of skin sensitivity or a history of allergic reactions.
ARTICLE 13 – PERSONAL DATA
Personal data collected is processed in accordance with the Privacy Policy available on the Website.
The Customer has rights relating to their personal data (access, rectification, deletion, objection, and restriction of processing), which may be exercised by contacting KADALYS at: contact@kadalys.com.
ARTICLE 14 – INTELLECTUAL PROPERTY
All elements of the Website (including texts, images, trademarks, logos, and other content) are protected and remain the exclusive property of KADALYS.
Any unauthorized reproduction is prohibited.
ARTICLE 15 – MEDIATION AND DISPUTE RESOLUTION (FRANCE/EU)
In accordance with Article L.612-1 of the French Consumer Code, Customers residing in France may use the following consumer mediation service free of charge:
Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C)
49 Rue de Ponthieu
75008 Paris
France
Customers may also use the European Online Dispute Resolution platform:
https://ec.europa.eu/consumers/odr
For Customers residing outside France, mediation procedures may vary depending on local regulations.
ARTICLE 17 – GIFT CARDS / VOUCHERS
Electronic gift cards (“e-gift cards”) and vouchers may be used to pay for all or part of an order placed on the Website.
The validity period is specified at the time of purchase or issuance. After this date, the e-gift card can no longer be used.
E-gift cards:
Are neither exchangeable nor refundable (except where required by law);
Cannot be exchanged for cash;
May be used in one or multiple transactions according to the conditions communicated at the time of purchase;
Are sent to the email address provided when the order is placed.
Where the electronic gift card is delivered immediately and the Customer has expressly agreed to its execution before the expiry of the withdrawal period, the Customer waives their right of withdrawal in accordance with applicable legal provisions.
ARTICLE 18 – GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by French law. They are drafted in French. In the event of translation, only the French version shall prevail.
However, if the Customer resides in another Member State of the European Union, they shall also benefit from any mandatory consumer protection provisions applicable in their country of residence.
In the event of a dispute, the Customer may bring proceedings before any court having territorial jurisdiction under applicable procedural law, including the court of their place of residence.
Where permitted by law, KADALYS may bring proceedings before the competent courts within the jurisdiction of Paris, France, corresponding to its secondary establishment.
APPENDIX 1 – WITHDRAWAL FORM
(Complete and return to KADALYS only if you wish to withdraw from the contract)
I hereby give notice that I withdraw from my contract for the sale of the goods described below:
Order No.:
Received on:
Consumer's Name:
Address:
Signature (if submitted in paper form):
Date:
APPENDIX 2 – STATUTORY WARRANTIES
Regardless of any commercial warranty that may be offered, KADALYS remains bound by the following statutory warranties for consumers residing within the European Union:
(Articles L.217-3 to L.217-20 of the French Consumer Code)
The consumer has a period of two (2) years from delivery of the goods to invoke the statutory warranty of conformity in the event of a conformity defect.
The consumer is not required to prove the existence of the conformity defect during the twenty-four (24) months following delivery of the goods.
In the event of a conformity defect, the consumer is entitled to repair or replacement of the goods, or failing that, a price reduction or termination of the contract under the conditions provided for by the French Consumer Code.
(Articles 1641 to 1649 of the French Civil Code)
The consumer may invoke the statutory warranty against hidden defects within the meaning of Article 1641 of the French Civil Code.
In such circumstances, the consumer may choose either rescission of the sale or a reduction of the purchase price in accordance with Article 1644 of the French Civil Code.
For any warranty claim, the consumer must contact Customer Service at:
and provide:
Their order number;
The reference of the Product concerned;
Any relevant supporting information (photographs, description of the defect).