Updated on March 11, 2019
Article 1: Preliminary Provisions
These Terms and Conditions (hereinafter the Conditions) apply without restriction or reservation to all sales made by Kesi'Art company (hereinafter the Company or the Seller) registered with the RCS under N° 751 125 790 at RENNES, the head office of which is 1 rue de Montfort (35000) FRANCE, on its website http://kesi-art.com/ (hereinafter the Website).
Their purpose is to define the rights and obligations in connection with the online sale of products offered by the Company to its non-professional buyers, as defined in Article 1.3 below (hereinafter the Customer or the Buyer), namely Products relating to haberdashery, needlework, knitting, crochet, weaving, embroidery, macrame, decoration, stationery, accessories and hobbies.
These Terms and Conditions are accessible at any time on the Site and will be applicable as soon as they are posted online. They can not apply to transactions previously concluded.
The products presented on the Site are offered for sale in all the countries of the European Union and also outside the countries of the European Union. These General Terms and Conditions cover all purchases made in the territory defined above by buyers located within this territory.
1.2. Acceptance of general conditions
The fact for the Customer to order on the Site entails full acceptance of these Terms and Conditions, which is expressly acknowledged by the Customer. Any qualifying membership is considered void.
The acceptance of these General Terms and Conditions by the Customer is indicated by a check box when registering and then at each order confirmation.
The Client: means any natural person who acts for purposes that are not part of his industrial, craft, agricultural, financial or liberal commercial activity having placed an order on the Website.
Order: means the sales contract concluded between the Company and the Customer.
Products: means the products governed by the General Conditions which are those appearing on the Site and indicated as sold and dispatched by the Seller.
Sustainable medium: means any instrument enabling the consumer or the professional to store information sent to him personally so that he can refer to it later for a period of time adapted to the purposes for which the information is intended and which enables reproduction to be made identical information stored.
Article 2: Characteristics of the Company
2.1. Company activity
The Company has an activity of:
- Design, distribution and sale online and in store, wholesale and retail, to professionals and individuals, of all products and articles for parties, stationery, creative and visual arts, decoration, toys, fashion accessories, costume jewelery, all textiles and any articles or objects involved in the interior and exterior of the house,
- The sale of potted plants and dried or cut flowers,
- The organization of events in the field of creative hobbies, (...).
2.2. Seller's details
Registered office: 21 rue de Montfort (35000) FRANCE
Postal address: 21 rue de Montfort (35000) FRANCE
Telephone number: 02 90 02 18 67
E-mail address: firstname.lastname@example.org
Publishing Director: Mrs. Laetitia Roulleau
Limited liability company with a capital of 150,000,000 euros registered with the Rennes RCS under the number 813 367 380, whose intra-community VAT number is FR751 125 790, whose managers are Mr. Ulrich Ernouf and Mrs. Laetitia Roulleau.
Article 3: Computing and Liberties
The personal data that is requested from the Customer is necessary for the processing of his order and the preparation of invoices.
This site respects the processing of the personal data of its users in accordance with the law n ° 78-17 of January 6th, 1978 relating to the computing, the files and the freedoms, such as amended by Law No. 2004-801 of 6 August 2004 on the protection of individuals with regard to the processing of personal data.
The processing of information communicated through the Site has been declared to the CNIL.
The Site agrees not to assign in any case (sell, exchange, rent, give, lend) to third parties the information concerning a Customer, unless express agreement on its part formalized by a checkbox at the time of registration.
In accordance with the aforementioned law, the Customer has the right of permanent access, modification, rectification and opposition regarding the information concerning him.
Article 4. Formation and performance of the contract
4.1. Order validation process
Sales are concluded within the sales area of the Site between the Client and the Company. Any sale made outside this framework is considered as not having been carried out on the Site and releases the Company of the obligations subscribed under the General Conditions.
Orders placed on the Site commit the Customer, when he:
- validated the order by clicking on the "validate order" icon;
- confirmed the order definitively after having checked it (and if necessary corrected) by clicking on the order button called "order with obligation of payment"
The Customer will have the opportunity to check the details of each Order prior to its validation. Any order validation implies acceptance of these terms and conditions, price, descriptions of products available for sale and the terms of the order.
4.2. Confirmation of said order by the company
Once the order is completed, the Company acknowledges receipt by electronic means. This confirmation contains the price, the product ordered (volume and quantity) as well as the information relating to the order (fees and taxes) and in particular the causes of cancellation of the order, delivery (terms and costs).
The sale will be considered as definitively concluded only after the provision to the Customer of the confirmation of the acceptance of the Order by the Seller and after receipt by the latter of the full price.
The Company recommends that the Customer retain the information contained in the order confirmation established by the Company on a durable paper or computer.
4.3. Product features
The Products are described and presented as accurately as possible, however, if errors or omissions have occurred in the presentation of the Product, Seller's liability can not be engaged. The photographs and illustrations accompanying the products are not contractual.
Products are offered within the limits of available stocks. In the event that a Product ordered is out of stock temporary or definitive customer service of the Company would contact by any means with the customer within 6 working days to warn that the ordered product can not be delivered and the order will be canceled for the Product concerned, the corresponding sums paid to the Company will be refunded to the Customers, to the exclusion of any other sum or compensation, at the latest within 14 days following the payment of the order.
If necessary, the Company will also inform the Users as soon as possible via the Site.
The responsibility of the Company will not be engaged in the event of cancellation of an Order or of postponement or cancellation of a placing on the market of a Product.
Article 5. Payment
The price applicable for the Products is that indicated by the Company on the Site, at the time of the validation of his order by the Customer. These rates are firm and non-revisable during their period of validity.
The prices are expressed in euros, all taxes included but do not include the costs of treatment, shipping, transport and delivery invoiced if necessary in addition to the price of the Products, according to the amount and the composition of the Order.
In case of special request of the Customer concerning the conditions of packing or transport of the ordered products, duly accepted in writing by the Seller, the related costs will be the object of an additional specific invoicing, on estimate previously accepted in writing by the customer.
The applicable prices and the correlative expenses related to an Order are those indicated to the Customer during the summary preceding the validation with obligation of payment of the Order by the Customer.
5.2. Payment terms
The price is payable in full cash on the day of placing the order by the Customer, payment of the price is made online by credit card, bank check or via a Paypal account. In case of payment by check, the Order is validated only from the cashing of the check.
The Company may cancel any order placed in the event of non-payment of the Order, in case of payment incident, fraud, attempted fraud.
Payments made by the Customer will not be considered final until the Seller has actually collected the sums due.
The Company also provides the Client with a tool summarizing its regulations, accessible from its account management page.
Unless proved otherwise, the computerized records, stored in Seller's computer systems in reasonably secure conditions, shall be considered as evidence of all communications, orders and payments between the Parties. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
5.3. Electronic signature
The online provision of the Client's credit card number and the final validation of the Order shall be proof of the Client's agreement in accordance with the provisions of the Law of 13 March 2000 and shall be valid, the amounts due under the purchase order and express acceptance of all operations performed.
Article 6. Availability of products
Delivery means the transfer to the Consumer of the physical possession or control of the property.
Products acquired by the Customer will be delivered, unless specific deadlines duly mentioned, within the European Union and outside the European Union - depending on the country and excluding customs treatment, if any - by the Company within a maximum period of 10 days to from the conclusion of the contract, to the address indicated by the Customer when ordering on the Site.
The Products ordered will be delivered as required in one or more times through an independent carrier.
In case of exceeding the agreed delivery date to deliver the products ordered, for any other reason than force majeure, the Customer may resolve the sale by registered letter with acknowledgment of receipt, if after having ordered the Seller according to the same terms and conditions. delivery within a reasonable period of time, the latter has not been executed within this period.
The sale is considered resolved upon receipt by the Company of the letter informing it of this resolution, unless the Company has executed on time.
Nevertheless, the Customer may immediately resolve the sale when the Company does not respect the delivery time and this period constitutes, for the Customer, an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or an express request from the consumer before the conclusion of the contract.
All the sums paid by the Customer will be refunded to him at the latest within 14 days following the date on which the contract was denounced in the forms and for the reasons stipulated above.
In case of bad address communicated by the customer and / or not withdrawal of the package from the carrier the customer agrees to pay the return postage.
The Customer is required to check the status of the Products delivered. It has a period of 3 days from delivery to train by email or any means to ensure traceability any reservations or claims for non-compliance or defect of the delivered products, with all the relevant supporting documents .
After this period and failing to have complied with these formalities, the Products will be considered compliant and free from any apparent defect and no claim of the Customer can be validly accepted by the Seller.
The Seller will replace as soon as possible and at his expense, the Products delivered whose apparent defects or lack of conformity have been duly proven by the Customer.
6.3. Transfer of Ownership-Risk Transfer
The transfer of ownership of the Seller's Products, for the benefit of the Customer will only be realized after full payment of the price by the latter, regardless of the delivery date of said Products.
On the other hand, the transfer of the risks of loss, deterioration or damage of the Products will be realized from the delivery and reception of these products by the Customer or taken possession by a third party designated by the Customer and other than the carrier proposed by the Company.
When the Customer entrusts the delivery to a carrier other than that proposed by the professional, the risk of loss, damage or damage to the goods is transferred to the Customer upon delivery of the goods to the carrier by the Seller.
Article 7. Right of withdrawal
The Customer has a withdrawal period of 14 days from the delivery of the Products to return them to the Seller for exchange or refund, provided that the Products are returned in their original packaging and in in a perfect state. Damaged, dirty, incomplete items are not taken back. Return shipping costs will be the sole responsibility of the Customer.
As soon as the right of withdrawal is exercised, the Customer has 14 days after having communicated to the trader his decision to retract by means of the withdrawal form available on the Site or by means of any other declaration, devoid of any
ambiguity as to his willingness to retract, to restore the good. The return of Products must be accompanied by a return slip, available on the site, and invoice.
The exchange (subject to availability) or the reimbursement of all amounts paid including delivery costs shall be made no later than 14 days following the date on which the Company has either recovered the Product or received proof of payment. the shipment of the Product by the Customer. The chosen date being that of the first of the two events listed above.
The Company is not obliged to reimburse the additional costs if the Customer has chosen a more expensive method of delivery than the standard delivery method proposed by the Company.
Reimbursement is made using the same means of payment used by the Customer unless otherwise agreed by the Parties for another means that would not cause additional costs to the Customer.
Article 8. Liability of the Company
Products supplied by the company benefit, in accordance with the legal provisions of the legal guarantee of conformity and the legal guarantee against hidden defects.
- On the legal guarantee of conformity in accordance with articles L. 211-4 and following of the Consumer Code
The Seller is obliged to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
To be in conformity with the contract, the property must:
- Be fit for the usual expected use of a similar good and, where appropriate, correspond to the description given by the Seller and possess the qualities that the Seller presented to the Customer in the form of a sample or model, submit the qualities that a buyer may reasonably expect given the public statements made by the Seller, the producer or his representative, including advertising or labeling;
- Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the Customer, made known to the Seller and that the latter has accepted.
The defects of conformity which appear within a period of six months from the delivery of the good are presumed to exist at the time of the delivery, unless proven otherwise. Seller may challenge this presumption if it is not consistent with the nature of the good or the alleged lack of conformity.
The Customer has the right to demand the conformity of the goods to the contract. However, he can not challenge compliance by invoking a defect he knew or could not ignore when he contracted. The same is true when the defect has its origin in the materials it has provided itself.
In case of lack of conformity, the Customer chooses between repair and replacement of the goods. However, the Seller may not proceed according to the choice of the Customer if this choice entails a cost that is manifestly disproportionate with regard to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, except impossibility, according to the modality not chosen by the Customer.
If the repair and replacement of the property are impossible, the Customer can return the property and get the price back or keep the property and get a part of the price. The same faculty is open to him:
- If the solution requested, proposed or agreed under the preceding paragraph can not be implemented within one month following the Customer's complaint,
- Or if this solution can not be without major inconvenience for this one considering the nature of the good and the use that it seeks.
The resolution of the sale can not however be pronounced if the lack of conformity is minor. The application of the foregoing takes place at no cost to the Client but does not preclude the award of damages. The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
The provisions of this section do not deprive the Customer of the right to exercise the action resulting from latent defects or any other action of a contractual or non-contractual nature which is recognized by the law.
The recourse action may be exercised by the final Seller against successive sellers or intermediaries and the producer of tangible personal property, according to the principles of the civil code.
- On the legal guarantee against latent defects in accordance with articles 1641 and following of the Civil Code
The Seller is bound by the warranty for the hidden defects of the item sold which render it unsuitable for its intended use, or which reduce such use so much that the Customer would not have acquired it, or would not have given a lower price, had he known them. Nevertheless, the Seller is not liable for obvious defects and which the Customer has been able to convince himself.
He is liable for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.
The Customer has the choice to return the item and to get the price back, or to keep the thing and to get a part of the price, as it will be arbitrated by experts.
If the Seller knew the defects of the thing, he is held, in addition to the return of the price he has received, all damages and interest to the Customer. If the Seller was ignorant of the defects of the thing, he will be bound only to the restitution of the price, and to refund to the purchaser the expenses occasioned by the sale.
If the thing that had defects has perished as a result of its poor quality, the loss is for the Seller, who will be liable to the Customer for the restitution of the price and other compensation. But the accidental loss will be on behalf of the Customer.
The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect.
8.2. Seller's liability
Any warranty is excluded in case of misuse, negligence or lack of maintenance on the part of the Customer, as in case of normal wear and tear of the good, accident or force majeure and the Seller's warranty is limited to replacement or reimbursement of non-compliant or defective products.
The products sold on the Site comply with the regulations in force in France. The responsibility of the Seller can not be engaged in case of non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check.
The Customer is solely responsible for the choice of products, their conservation and their use. The Seller shall not be held responsible or defective for any delay or non-compliance resulting from the occurrence of a case of force majeure usually recognized by French case law.
Article 9: Pre-contractual information
The Customer acknowledges having communicated, before the conclusion of the contract, in a clear and understandable manner, these Terms and Conditions of Sale and all the information and information referred to in Article L.121-17 of the Consumer Code. , and especially :
- the essential characteristics of the good or service, taking into account the communication medium used and the good or service concerned;
- the price of the good or service;
- in the absence of immediate execution of the contract, the date or the deadline at which the trader undertakes to deliver or to perform the service;
- information relating to his identity, his postal, telephone and electronic contact details and his activities, insofar as they do not appear from the context, as well as, if applicable, those relating to legal guarantees, functionalities digital content and, where appropriate, its interoperability, the existence and implementation of guarantees and other contractual conditions.
Article 10. Applicable law - Jurisdiction
These Terms and Conditions are governed by French law, regardless of where the Site is used. In the event that the General Terms and Conditions are translated into a different language than the French language alone, the French text will prevail in the event of a dispute.
The Parties have the possibility of recourse to conventional mediation or any other alternative dispute resolution procedure in case of dispute.
In case of any dispute, and after the failure of any attempt to find an amicable solution, all disputes to which the General Conditions may give rise, concerning both its validity, its interpretation, its execution, its termination, their consequences and their consequences will be submitted to the competent courts under common law conditions.