PRELIMINARY ARTICLE - EDITOR OF THE OFFER
The KADALYS online store (hereinafter referred to as the "Site") is an e-commerce site accessible via the Internet at the address 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 SHB, S.A.S with a capital of 118 182 euros, whose head office is located at 2 LOT POINSETTAS, PETER MAILLET, 97270 SAINT ESPRIT registered in the Trade and Companies Register of FORT DE FRANCE under the number 534 548 656.
The Site allows KADALYS to offer cosmetic products for sale (hereinafter referred to as the "Products") to Internet users browsing the Site (hereinafter referred to as "Buyers").
ARTICLE 1 - OBJECT
The purpose of the present general terms of sale and guarantees is to define the terms and conditions under which KADALYS offers, via its WEBSITE, the marketing of PRODUCTS to BUYERS in a selection of countries.
Consequently, any ORDER of one or more PRODUCTS from the BUYER implies his acceptance without reserve and his prior, full and complete adhesion to 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 recognizes to have taken knowledge of the general conditions of sale before his ORDER.
These terms and conditions apply only to the online sale of PRODUCTS on the SITE and are effective as of September 01, 2017. They cancel and replace all previous versions.
KADALYS reserves the right to modify at any time the present general sales conditions. Nevertheless, the general terms of sale applicable to the PRODUCT ORDER placed by a BUYER on the SITE are those accepted by the BUYER at the time of placing the ORDER.
The present general conditions of sale and guarantees come to supplement the conditions of use of the WEBSITE available at any time by the heading "Legal mentions" of the WEBSITE and applicable to the PURCHASER
ARTICLE 2 - PRODUCTS
The Products offered for sale by KADALYS are those that appear on the Website, on the day the User consults the Website, and within the limits of available stocks. The photographs illustrating the Products are not part of the contractual field.
2.1 Availability of PRODUCTS
In accordance with article L. 111-1 of the French Consumer Code, the BUYER can, prior to his ORDER, take note, directly on the WEBSITE, of the essential characteristics of the PRODUCTS he wishes to order. In addition, in the case where the BUYER would like to obtain a qualified advice on the PRODUCTS, a Customer Service is placed at his disposal by e-mail: contact@kadalys.com
In the event of an unavailability of the PRODUCTS after placing the ORDER, the BUYER will be informed as soon as possible. It will then be proposed to him, with the choice, to modify its ORDER or to cancel it and thus to obtain refunding in the 30 days following its request.
2.2 Guarantees & After-Sales Service
In any case, 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 compared to the ORDER or of delivery of a PRODUCT revealing a hidden defect KADALYS commits, at the choice of the BUYER, either to exchange the PRODUCT by an identical PRODUCT or of equivalent quality and price according to the availability of the stock, or to refund the price of the PRODUCT within a maximum period of 30 days following the BUYER's request.
For any complaint, a "PRODUCTS" After-Sales Service is available to the BUYER by e-mail: contact@kadalys.com
Except for 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 a PRODUCT ordered against a new PRODUCT, he must, under his right of withdrawal, return the PRODUCT. This one 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:
Except for 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 a PRODUCT ordered against another PRODUCT, he must, under his right of withdrawal, return the PRODUCT. This one will be refunded but not exchanged. To get 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 V.A.T. 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 prices in force at the time of the registration of the order, subject nevertheless to the availability of the said Products.
For Metropolitan France, the prices of the PRODUCTS are expressed in euros and get along all inclusive of tax (including/understanding), except share in the expenses of treatment and forwarding whose fixed amount varies according to the choice of the BUYER, according to the tariffs of the POST OFFICE in force at the date of the order.
The said fixed amount 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 the complete payment of the price.
The possible promotional offers are valid as long as they are announced on the SITE.
ARTICLE 4 - ORDERING
4.1 Specific provisions to the sale
In order to purchase PRODUCTS, the BUYER must log on to the WEBSITE 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.
An online ORDER of PRODUCTS involves :
4. 2 Provisions common to the sale
An ORDER is deemed to have been placed on the WEBSITE and the general conditions of sale and guarantees accepted as soon as the BUYER has validated his payment. The data recorded by KADALYS and the secure payment provider constitute the proof of the nature, content and date of the ORDER.
The double click of the BUYER under the ORDER constitutes an electronic signature which has the same value as a handwritten signature. The double click and the acceptance of the general conditions of sales and guarantees (check box) constitute an irrevocable acceptance and without reserve of the ORDER by the PURCHASER.
The sale will be considered as final only after the sending to the BUYER of the confirmation of the ORDER by KADALYS and collection by this one of the entirety of the price. KADALYS recommends to the BUYER to keep the information contained in the confirmation of the ORDER sent by KADALYS on a paper or computer document.
Notwithstanding the above, KADALYS reserves the right to cancel any ORDER from a BUYER with whom there would be a previous dispute of payment or for any other legitimate reason with regard, in particular, to the abnormal character of the ORDER.
At any time, the PURCHASER will be able to follow his ORDER in the space "My Account/My Orders" envisaged for this purpose.
ARTICLE 5 - PAYMENT CONDITIONS
5.1 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 zones provided for this purpose: the card number, its validity date as well as its control code located on the back of the card. The total amount of the ORDER will be debited from the credit 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 from the officially accredited and usual organizations of the Internet.
KADALYS reserves the right to refuse or honor an ORDER from a BUYER who has not paid for all or part of a previous ORDER or with whom a payment dispute remains.
KADALYS cannot be held responsible for any misappropriation or fraudulent use of any means of payment that would not have been detected by the verification procedure. The BUYER guarantees to KADALYS that he has the necessary authorizations to use the payment method he will have chosen for his ORDER.
Any fraudulent use of the credit card will not give rise to a refund by KADALYS. As long as a PRODUCT ORDER has not been fully paid, the PRODUCT(S) remains (remain) the property of KADALYS.
5.2 Payment security
The purchases made by the BUYER are secured. When the BUYER makes his ORDER online, he is on KADALYS' servers. When the PURCHASER makes the payment of his ORDER, he switches on the secured servers of the partner of KADALYS: the CIC.
The transactions made on the WEBSITE are secured by the CIC payment system. All information exchanged to process the payment is encrypted thanks to the SSL protocol. This data cannot be detected, intercepted or 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 security of exchanges and protection of banking data. CIC is one of the first payment operators in the world to offer these certifications.
ARTICLE 6 - DELIVERY CONDITIONS
KADALYS commits itself to send the ORDER within 24 hours to 2 working days, according to the choice of the delivery method made by the BUYER.
The delivery will be carried out within an average time of 2 to 5 working days according to the choice of the mode of delivery carried out by the PURCHASER and in any event within a maximum time of 30 days as from the day following that of the transmission of its ORDER.
The delivery is made by COLISSIMO or CHRONOPOST according to the choice made by the BUYER, at the delivery address specified by the BUYER during the ORDER. KADALYS cannot be held responsible for a delay of delivery because of the carrier.
Any erroneous or missing mention in the delivery address and the identity of the BUYER discharges KADALYS from the responsibility of the delivery.
As of reception of the ORDER, the BUYER is held :
This shall be done without delay and at the latest within 3 working days of 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-CONFORMITY
The Seller undertakes to comply with all the legislation applicable to its relations with the BUYER , in particular the legislation on distance contracts, including the law n° 2014-344 of March 17, 2014 known as Hamon and the decree of September 17, 2014 relating to consumption. From there, as a reminder the applicable provisions grant the Customer the right to withdraw during a period of 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 holiday, it is extended until the next working day.
The totality of the paid sums including the expenses of delivery and return of the good will be then restored by the Site to the BUYER. These sums will remain in fine in charge of the Seller, the amount being deduced from the sums remaining due by the Site to the Seller. The refund of the totality of the paid sums will intervene at the latest within 14 days, as from the date of exercise of the right of retraction. Beyond this period, the amount due shall automatically bear interest at the legal rate in force.
If the amount of your original order allowed you to obtain one or more benefits (free shipping, goodies, samples, ...), the refund of returned products will be possible subject to the return of benefits. If the total amount of the returned items makes the amount of the initial order fall below the threshold which gave access to the free shipping, the said shipping costs will then be deducted from the amount of your refund.
Returns (due to non-conformity or the exercise of the right of withdrawal) must in all cases be made to the following address
NEOLYS - Boulevard d'Italie quai 607 - 77127 Lieusaint
in their original packaging and in perfect condition for resale. In principle, the shipping costs of the return of the parcel remain at the charge of the BUYER.
ARTICLE 8 - LIMITATION OF RESPONSIBILITY
KADALYS shall not be held liable for any indirect damage that may occur due to the purchase of 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 French jurisprudence and courts.
In the same way, KADALYS cannot be held responsible for the obligations of the present general conditions of sale in case of damage resulting from the use of the Internet network such as virus, intrusion, loss of data, break of the Internet service.
ARTICLE 9 - MEDIATION SERVICE
The Buyer is informed of the possibility of resorting, in case of dispute, to a conventional mediation procedure by sending a written complaint to the FEVAD mediation service, for any complaint related to a purchase on the Site introduced during the last 12 months.
In accordance with the provisions of the Code of consumption concerning the amicable settlement of disputes, KADALYS adheres to the Service of the mediator of the e-commerce of FEVAD (Federation of the e-commerce and the remote sale) whose coordinates are the following ones:
Mediator of the e-commerce of the FEVAD
60 Rue La Boétie
75008 Paris
FEVAD
After prior written approach of the customer to KADALYS and in case of complaint not resolved amicably by the KADALYS Customer Service, the Mediator's Service can be seized for any dispute of consumption whose settlement would not have succeeded.
The solution proposed by the Mediator is not binding on the Parties, who remain free at any time to leave the mediation process.
To obtain more information on alternative dispute resolution and the online dispute resolution platform, the Buyer may also consult the website: https://ec.europa.eu/consumers/odr
ARTICLE 10 - APPLICABLE LAW
The Customer accepts and fully recognizes that the French law governs the present General Conditions of Sale, as well as any dispute or litigation relating to the existence, the interpretation, the execution or the rupture of the contract concluded between the Customer and KADALYS. Moreover, the Internet user (or the Customer) accepts that in case of litigation, following a visit or a purchase on www.kadalys.com, it is the French courts which are recognized competent in application of the rules enacted by the French code of civil procedure.
Appendix 1 : Model of withdrawal form
(Please complete and return this form with your order number only if you wish to return your order partially or completely).
Return address: Please return your items to the address below.
NEOLYS
Boulevard d'Italie quai 607
77127 Lieusaint
E-mail : contact@kadalys.com
I hereby notify you of my withdrawal from the sale of the following goods:
- Ordered on [.................] (*) received on [.................] (*)
- The Name and First name
- Address of the consumer(s)
- The date
- The reason for the return
- Details of the returned Products: Please indicate for each returned product(s), the reference, the name, the quantities as they are informed in your Delivery Note.