General terms and conditions of sale
PRELIMINARY ARTICLE - OFFER EDITOR
The KADALYS Online Store (hereinafter referred to as the "Site") is an e-commerce site accessible via the Internet at www.kadalys.com. It is open to any user of this network (hereinafter referred to as "Internet user"). It is hosted by the company OVH whose head office is located at 2 rue Kellermann - 59100 Roubaix - France. It is published by the company SHB, S.A.S with a capital of 118,182 euros, whose registered office is at 2 LOT POINSETTAS, PETER MAILLET, 97270 SAINT ESPRIT, registered with the Trade and Companies Register of FORT DE FRANCE under the number 534 548 656.
The Site enables KADALYS to offer cosmetic products (hereinafter referred to as the "Products") for sale to Internet users browsing the Site (hereinafter referred to as the "Purchasers").
ARTICLE 1 - PURPOSE
The present general conditions of sale and guarantees are intended to define, the conditions and the methods in which KADALYS proposes, via its WEBSITE, the marketing of the PRODUCTS to BUYERS in a selection of countries.
Consequently, any ORDER of one or more PRODUCTS of the BUYER carries its acceptance without reserve and its preliminary adhesion, full and whole, with the present general conditions of sale and guarantees which prevail over any other document, except particular conditions expressly agreed in writing by KADALYS.
The BUYER acknowledges having read the general terms and conditions of sale prior to his ORDER.
These general terms and conditions of sale apply only to the online sale of PRODUCTS on the SITE and they come into force from 01 September 2017. They cancel and replace all previous versions.
KADALYS reserves the right to modify at any time the present general conditions of sale. Nevertheless, the general terms of sale applicable to the ORDER of PRODUCTS placed by a BUYER on the WEBSITE are those accepted by the BUYER at the time of placing the ORDER.
These general conditions of sale and warranties are in addition to the conditions of use of the WEBSITE available at any time through the "Legal Notice" section of the WEBSITE and applicable to the BUYER.
ARTICLE 2 - PRODUCTS
The Products offered for sale by KADALYS are those which appear on the Site, on the day of the consultation of the Site by the User, and within the limit of available stocks. The photographs illustrating the Products are not contractual.
2.1 Availability of PRODUCTS
In accordance with Article L. 111-1 of the French Consumer Code, the BUYER may, prior to placing an ORDER, consult the essential characteristics of the PRODUCTS he wishes to order directly on the WEBSITE. In addition, in the event that the BUYER wishes to obtain qualified advice on the PRODUCTS, a Customer Service Department is made available to him by e-mail: email@example.com.
In the event of unavailability of the PRODUCTS after placing the ORDER, the BUYER shall be informed as soon as possible. The BUYER will then be offered the choice of modifying his ORDER or cancelling it and thus obtaining a refund within 30 days of his request.
2.2 Warranties & After-Sales Service
In any event, the BUYER benefits from the legal guarantee of eviction and hidden defects provided for in articles 1641 of the civil code and following. In case of non-conformity of the PRODUCTS with the ORDER or delivery of a PRODUCT revealing a hidden defect KADALYS undertakes, at the choice of the BUYER, either to exchange the PRODUCT for an identical PRODUCT or one of equivalent quality and price according to the availability of stock, or to reimburse the BUYER for the price of the PRODUCT within a maximum period of 30 days following the BUYER's request.
For any claim, a "PRODUCTS" After Sales Service is available to the BUYER by email: firstname.lastname@example.org.
With the exception of the specific case of non-conformity of the PRODUCTS with the ORDER, there is no exchange of PRODUCTS possible. If the BUYER changes his mind and wishes to exchange an ORDERED PRODUCT for a new PRODUCT, he must, under his right of retraction, return the PRODUCT. This will be refunded but not exchanged. To have a new PRODUCT, the BUYER will have to place a new ORDER on KADALYS.com.
For any complaint, retraction, The legal right of retraction is exercised by the Buyer by express notification to KADALYS by one of the 3 means below:
- Mail: SHB SAS-KADALYS C/O SDM 8 RUE LEMERCIER 75017 PARIS
- Email: email@example.com
- Internet: www.kadalys.com , section Message / Your order.
- Withdrawal form: Model below
With the exception of the specific case of non-conformity of the PRODUCTS with the ORDER, there is no exchange of PRODUCTS possible. If the BUYER changes his mind and wishes to be able to exchange an ORDERED PRODUCT for another PRODUCT, he must, under his right of retraction, return the PRODUCT. This will be refunded but not exchanged. To have a new PRODUCT, the BUYER will have to place a new ORDER on kadalys.com.
ARTICLE 3 - PRICES
The prices of the Products are indicated in euros. They take into account the VAT applicable on the day of the order. KADALYS reserves the right, which the User accepts, to modify its prices at any time but the Products will be invoiced on the basis of the tariffs in force at the time of the recording of the order, subject nevertheless to the availability of the aforesaid Products.
For metropolitan France, the prices of the PRODUCTS are expressed in euros and are inclusive of all taxes (all taxes included), excluding participation in processing and shipping costs, the fixed amount of which varies according to the choice of the BUYER, according to the rates of LA POSTE in force at the date of the order.
The said lump sum will be applied and indicated at the time of the final validation of the ORDER by the BUYER.
The PRODUCTS remain the property of KADALYS until full payment of the price.
Any promotional offers are valid as long as they are announced on the SITE.
ARTICLE 4 - ORDER
4.1 Specific provisions for sale
To purchase the PRODUCTS, the BUYER must log on to the SITE and enter his e-mail address and password or create an account where he must enter his title, surname, first name, e-mail address and password.
Online ORDERING of PRODUCTS results in :
- 1- the sending by KADALYS, via e-mail, of a confirmation and summary of the ORDER;
- 2- the sending by KADALYS, via e-mail, of a confirmation of dispatch of the ORDER;
- 3- delivery by KADALYS of the PRODUCTS, by post, to the address indicated by the BUYER when placing his ORDER of PRODUCTS.
4. 2 Common provisions for sale
An ORDER is deemed to have been placed on the WEBSITE and the general terms of sale and guarantees accepted as soon as the BUYER has validated its payment. The data recorded by KADALYS and the secure payment provider constitute proof of the nature, content and date of the ORDER.
The BUYER's double click on the ORDER constitutes an electronic signature which has the same value as a handwritten signature. The double click and the acceptance of the general terms and conditions of sale and guarantees (check box) constitute an irrevocable and unreserved acceptance of the ORDER by the BUYER.
The sale will be considered final only after KADALYS has sent the BUYER the confirmation of the ORDER and has collected the full price. KADALYS recommends the BUYER to keep the information contained in the confirmation of ORDER sent by KADALYS on a paper or electronic document.
Notwithstanding the foregoing, KADALYS reserves the right to cancel any ORDER from a BUYER with whom there is a previous payment dispute or for any other legitimate reason, particularly in view of the abnormal nature of the ORDER.
At any time, the BUYER may track his ORDER in the "My Account/My Orders" area provided for this purpose.
ARTICLE 5 - TERMS OF PAYMENT
The payment of the ORDER is made online on the SITE (KADALYS.com) via a payment card (credit card, Visa, Mastercard ...) or paypal. In case of purchase of one or more PRODUCTS on the WEBSITE, the BUYER indicates directly in the areas provided for this purpose: the card number, its validity date and its control code located on the back of the card. The total amount of the ORDER will be debited from the bank card on the day of the ORDER.
KADALYS reserves the right to suspend any ORDER management and any delivery in case of non-payment or refusal of authorization of payment by credit card by the officially accredited and usual Internet organizations.
KADALYS reserves the possibility to refuse or to honour an ORDER coming from a BUYER who would not have paid for all or part of a previous ORDER or with whom a payment dispute would remain.
KADALYS could not be held responsible for any misappropriation or fraudulent use of any means of payment which would not have been detected by the verification procedure. The BUYER guarantees to KADALYS that he has the necessary authorizations to use the method of payment that he will have chosen for his ORDER.
Any fraudulent use of the credit card will not be refunded by KADALYS. As long as an ORDER of PRODUCT(s) has not been fully paid, the PRODUCT(s) remains the property of KADALYS.
5.2 Payment Security
Purchases made by the BUYER are secure. When the BUYER makes his ORDER on line, he is on the servers of KADALYS. When the BUYER makes the payment of his ORDER, he switches to the secure servers of KADALYS' partner: the CIC.
The transactions carried out on the WEBSITE are secured by the CIC payment system. All information exchanged to process the payment is encrypted using SSL protocol. These data can neither be detected, nor intercepted, nor used by third parties. CIC is certified by Visa (AIS), Mastercard (SDP). These certifications guarantee that the operational processes and technical solutions used meet the most demanding criteria in terms of secure exchanges and protection of banking data. The CIC is thus one of the first payment operators worldwide to offer these certifications.
ARTICLE 6 - TERMS OF DELIVERY
KADALYS undertakes to dispatch the ORDER within 24 to 2 working days, depending on the choice of delivery method made by the BUYER.
The delivery will be carried out within an average period of 2 to 5 working days according to the choice of the mode of delivery made by the BUYER and in any case within a maximum period of 30 days as from the day following that of the transmission of his ORDER.
Delivery is made by COLISSIMO or CHRONOPOST according to the choice made by the BUYER, to the delivery address specified by the BUYER when placing the ORDER. KADALYS cannot be held responsible for a delay in delivery due to the carrier.
Any erroneous or missing information in the delivery address and the identity of the BUYER releases KADALYS from responsibility for the delivery.
Upon receipt of the ORDER, the BUYER is bound :
- to formulate all reserves and complaints to the employee of the Post Office or to refuse the package if it is likely to have been opened or damaged;
- to report these incidents to the After Sales Service, whose contact details are indicated in article 2 for the PRODUCTS.
This without delay and at the latest within 3 working days from receipt of the ORDER.
Failing this, the ORDER shall be deemed to have been delivered in good condition and shall not be subject to any subsequent dispute.
ARTICLE 7 - WITHDRAWAL & NON-COMPLIANCE
The Seller undertakes to respect all the legislation applicable to its relations with the BUYER, in particular the legislation on distance contracts, including the law n° 2014-344 of 17 March 2014 called Hamon and the decree of 17 September 2014 relating to consumption. Hence, as a reminder, the applicable provisions grant the Customer the right to retract within 14 days from receipt of the order (Article L.121-20 of the Consumer Code). When the fourteen (14) day period expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the first following working day.
The totality of the sums paid, including the delivery and return costs of the goods, will then be returned by the Site to the BUYER. These sums will ultimately remain the responsibility of the Seller, the amount being deducted from the sums remaining due by the Site to the Seller. The totality of the sums paid will be refunded within 14 days at the latest, as from the date of exercise of the right of retraction. Beyond this period, the sum due shall automatically accrue interest at the legal rate in force.
If the amount of your original order allowed you to obtain one or more advantages (free shipping, goodies, samples, ...), the refund of returned products will be possible subject to the return of the advantages. If the total amount of the returned items drops the amount of the original order below the threshold that gave you access to free shipping, the said shipping costs will then be deducted from the amount of your refund.
Returns (due to non-compliance or the exercise of the right of withdrawal) must in all cases be made to the following address :
NEOLYS - Boulevard d'Italie quay 607 - 77127 Lieusaint
in their original packaging and in perfect condition for resale. In principle, the shipping costs for the return of the package remain the responsibility of the BUYER.
ARTICLE 8 - LIMITATION OF LIABILITY
KADALYS shall not be held responsible for any indirect damage that may occur as a result of the purchase of the PRODUCTS.
KADALYS cannot be held responsible for the non execution of the ORDER in case of stock shortage or unavailability of the PRODUCTS due to a case of force majeure as defined by the jurisprudence and the French jurisdictions.
In the same way, the responsibility of KADALYS under the obligations of the present general conditions of sale could not be committed in the event of occurrence of a damage resulting from the use of the Internet network such as in particular virus, intrusion, loss of data, rupture of the Internet service.
ARTICLE 9 - SERVICE MEDIATION
L’Acheteur est informé de la possibilité de recourir, en cas de contestation, à une procédure de médiation conventionnelle en adressant une réclamation écrite au service de médiation FEVAD, pour toute réclamation liée à un achat sur le Site introduite au cours des 12 derniers mois.
Conformément aux dispositions du Code de la consommation concernant le règlement amiable des litiges, KADALYS adhère au Service du médiateur du e-commerce de FEVAD (Fédération du e-commerce et de la vente à distance) dont les coordonnées sont les suivantes :
Médiateur du e-commerce de la FEVAD
60 Rue La Boétie
Après démarche préalable écrite du client auprès de KADALYS et en cas de réclamation non résolue amiablement par le Service Clients KADALYS, le Service du médiateur peut être saisi pour tout litige de consommation dont le règlement n’aurait pas abouti.
La solution proposée par le Médiateur ne s’impose pas aux Parties, qui restent libres à tout moment de sortir du processus de médiation.
Pour obtenir plus d’informations sur le règlement extrajudiciaire des litiges et la plateforme de règlement en ligne des litiges, l’Acheteur peut également consulter le site : https://ec.europa.eu/consumers/odr
ARTICLE 10 - DROIT APPLICABLE
Le Client accepte et reconnaît pleinement que le droit français régit les présentes Conditions Générales de Vente, ainsi que tout différend ou litige relatif a l'existence, l'interprétation, l'exécution ou la rupture du contrat conclu entre le Client et KADALYS. De plus, l'internaute (ou le Client) accepte qu'en cas de litige, suite à une visite ou à un achat sur www.kadalys.com, ce sont les tribunaux français qui sont reconnus compétents en application des règles édictées par le code de procédure civile français.
Annex 1: Model withdrawal form
(Please complete and return this form and your order number only if you wish to return part or all of your order).
Return Address: Please return your items to the address below.
Boulevard d'Italie quai 607
I notify you by the presence my retraction concerning the sale of the property below: