GENERAL TERMS AND CONDITIONS OF SALE
The present General Terms and Conditions of Sale (hereinafter referred to as "GTCS"), apply without restrictions or reservations to all online sales and services provided by ART DESIGN COMPANY (hereinafter the "Seller"), (head office : 79 Ancienne Route Nationale 7, 69570 Dardilly - registered in the Lyon Trade and Companies Register under the number 887 797 231).
ART DESIGN COMPANY reserves the right to modify its GTCS at any time and without prior notice, it being specified that the GTCS applicable to the Customer will be those in force on the day of the order.
Any order implies the full and complete acceptance by the Customer of the present GTCS, which prevail over all other terms and conditions or documents of any nature.
The Customer acknowledges having been previously informed of the present GTCS as well as of all the information referred to in Article L. 221-5 of the French Consumer Code in a legible and comprehensible manner.
Article 1 : Products
1.1 The products governed by the present GTCS are those which appear on the www.kiwikong.fr website and which are indicated as sold and shipped by ART DESIGN COMPANY (hereinafter the "Products").
1.2 The Products sold are new and comply with the legislation in force and the standards applicable in France.
1.3 The Products are offered within the limits of available stocks. If one or more Product(s) ordered are not available, ART DESIGN COMPANY undertakes to inform the Customer as soon as possible, and to reimburse the price of the Product, as well as any delivery costs if all the Products ordered are unavailable. The refund will be made no later than within thirty (30) days from the date on which the Customer was informed, if the execution of the order proves to be definitively impossible within this period.
1.4 The essential characteristics of the Products are described and presented with the greatest possible accuracy. Nevertheless, ART DESIGN COMPANY cannot be held responsible for any errors or omissions in this presentation. The photographs of the products are not contractual.
Article 2 : Price
2.1 The prices of the Products are indicated in Euros and inclusive of all taxes.
2.2 They take into account any discounts that may be granted under the conditions specified on the www.kiwikong.fr website.
2.3 ART DESIGN COMPANY reserves the right to modify the prices at any time, it being specified that the applicable prices are those in force on the day of the order. Nevertheless, in the event of a price error (price that is clearly derisory in relation to the real value of the Product), the order may be cancelled by ART DESIGN COMPANY, after having informed the Customer and having offered them the possibility of paying the real price, it being understood that this measure remains exceptional.
2.4 The prices of the Products are exclusive of delivery costs (postage, packaging and preparation of the package according to the amounts in force). The amount of delivery costs will be specified before the validation of the order.
2.5 Should one or more taxes or contributions, in particular environmental, be created or modified, upwards or downwards, this change could be reflected in the selling price of the Products present on the www.kiwikong.fr website and on the various sales supports.
Article 3 : Order - Products available on the site
3.1 Once the basket has been validated, the Customer chooses the delivery address and the method of delivery, as well as the means of payment.
3.2 Any order implies acceptance of the prices and description of the Products available for sale, of the present GTCS and of the payment terms.
3.3 The order will be considered final :
after ART DESIGN COMPANY has sent the Customer an e-mail confirming the order, together with these GTCS and the terms and conditions of withdrawal, and
after ART DESIGN COMPANY has received the full price.
3.4 ART DESIGN COMPANY reserves the right not to validate an order for any legitimate reason, in particular in the event that the order does not comply with the GTCS, or due to serious and concordant elements giving rise to a suspicion of fraud on the Customer's order.
Article 4 : Payment terms
4.1 The total amount of the order is payable in full and in one single payment at the time of placing the order on the www.kiwikong.fr website by secure payment by credit card and Paypal.
4.2 The payment of the full price must be made at the time of the order. At no time could the paid sums be considered as deposits or down payments.
4.3 An invoice will be issued and sent to the Customer upon receipt of the order and confirmation of payment.
4.4 In the event that for any reason whatsoever, opposition, refusal or other, the transmission of the money flow due by the Customer proves impossible, the Order shall be cancelled and the sale automatically resolved, without the Customer being able to hold this against ART DESIGN COMPANY.
Article 5 : Terms of delivery
5.1 ART DESIGN COMPANY may offer the Customer, at the time of placing the order, different delivery methods, depending in particular on the size of the package and the Customer's delivery address.
5.2 Delivery costs, expressed in Euros and inclusive of all taxes, shall be borne by the Customer depending on the delivery method chosen.
5.3 Delivery will be made within the time limit specified on the product sheet, which depends on the timeframes practiced by the carriers.
5.4 In the event of home delivery and the Customer's absence at the time of the delivery, a delivery notice will be left in the Customer’s mailbox, specifying all the terms and conditions of subsequent delivery, which the Customer undertakes to accept and respect.
5.5 If delivery is not possible due to an incorrect or incomplete address, the Customer alone shall bear all the consequences so that ART DESIGN COMPANY may invoice the administrative and transport costs associated with the return and / or reshipment of the order.
5.6 The risks are transferred to the Customer at the moment when the Customer, or a third party designated by the Customer, and other than the carrier appointed by ART DESIGN COMPANY, takes physical possession of the Products ordered.
5.7 ART DESIGN COMPANY shall not be held liable in the event of a delay in delivery which is not directly and personally attributable to it, and in particular in the event of force majeure or in the event of a delay attributable to the carrier.
5.8 If the Products specified on the order form have not been delivered within the time limit indicated, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L.216-2 and L.216-3 of the French Consumer Code, after the Customer has given ART DESIGN COMPAGNY formal notice to deliver. The sums paid by the Customer will then be returned to him no later than within fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or deduction.
Article 6 : Withdrawal
6.1 In accordance with articles L.221-18 and following of the French Consumer Code, the Customer may withdraw from the contract without giving any reason within fourteen (14) days. This period expires fourteen (14) days after the day on which the Customer or a third party designated by the Customer other than the carrier takes physical possession of the Products. The cost of returning the Products shall be borne by the Customer.
In the case of an order for several Products delivered separately, the period expires fourteen (14) days after the last Product is taken possesion of.
6.2. The right of withdrawal can be exercised online, using the withdrawal form available in Annex 1 hereof. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer. Any other method of declaring withdrawal is accepted. It must be unequivocal and express the will to withdraw from the contract.
6.3 Returned Products must be suitable for sale and must therefore be returned in complete, unused and unaltered condition as well as in their original packaging. The Customer may be held liable in the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Products.
6.4 The Customer must return the Products no later than fourteen (14) days following the date of communication of their withdrawal to the following address : ART DESIGN COMPAGNY 9 Ancienne RN 7, 69570 Dardilly.
6.5 ART DESIGN COMPANY will refund all payments received from the Customer, including delivery costs (with the exception of additional costs resulting from the Customer’s choice of a delivery method other than the less expensive standard delivery method offered by the Seller) within 14 (fourteen) days from receipt of the Products or receipt of proof of shipment provided by the Customer, whichever comes first. The refund will be made via the same payment method used for the returned order and will not incur any costs for the Customer.
Article 7 : Guarantees
7.1 All Products for sale on the www.kiwikong.fr website benefit from the legal guarantee of conformity (articles L.217-1 and following of the French Consumer Code) and the legal guarantee against hidden defects (articles 1641 and following of the French Civil Code), allowing the Customer to return the defective or non-compliant Products delivered.
7.2 When the Customer acts on the basis of the legal guarantee of conformity, the Customer :
Has a period of two years from the date of delivery of the good to act ;
May choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code ;
Is exempted from proving the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
7.3. When the Customer acts on the basis of the legal guarantee against hidden defects, the Customer :
Has a period of two years from the discovery of the defect to act ;
May choose between the resolution of the sale or a reduction of the sale price, in accordance with Article 1644 of the French Civil Code.
7.4. Defects resulting from improper use, negligence or lack of maintenance on the part of the Customer, as well as any damage resulting from normal wear and tear of the goods or an event of force majeure are excluded from the guarantee. The guarantee does not apply either in the case of deterioration or accident resulting from shock, fall, or in the event of transformation of the product.
7.5. After-sales service procedure.
Article 8 : Liability
ART DESIGN COMPANY shall not be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by French case law. Likewise, ART DESIGN COMPANY cannot be held liable for any inconvenience or damage inherent to the use of the Internet network, in particular a service breakdown, an external intrusion or the presence of computer viruses.
Article 9 : Proof and archiving
9.1 Any contract concluded with the Customer corresponding to an Order of more than 120 euros inclusive of all taxes shall be archived by the Seller for a period of ten (10) years in accordance with Article L.213-1 of the French Consumer Code.
9.2 The Seller agrees to archive this information in order to monitor transactions and to produce a copy of the Contract at the Customer's request.
Article 10 : Intellectual property
The trademarks of the Products have been registered with the National Institute of Intellectual Property. Any element relating to the trademark present on the Seller's products is protected by copyright or trademark law. Their disclosure shall in no way be interpreted as granting a license or a right to use any of the said protected trademarks and distinctive elements. Any total or partial reproduction is strictly forbidden and is likely to constitute a counterfeiting offence, engaging the responsibility of its author.
Article 11 : Personal data
11.1. The Seller undertakes to protect the confidentiality of the information provided. The information and data collected by the Seller, responsible for processing, are necessary for the follow-up and execution of the Customer's order. In this context, data may be transmitted to the carriers appointed by the Seller.
11.2. In accordance with the provisions in force, the Customer has the right to access, rectify, erase and object to the use of their personal data. They can also define guidelines concerning the conservation, erasure and communication of such data after their death.
11.3. The Customer may exercise their right by sending an e-mail or regular postal mail to the following addresses : email@example.com or to the postal address of the Seller, specifying in the subject line "Personal rights" and attaching a copy of a proof of identity. The Customer may also, if necessary, lodge a complaint with the French Commission Nationale de l'Informatique et des Libertés (CNIL) (National Commission on Informatics and Liberty).
11.4 The Seller informs the Customer of their right to register on the list of opposition to telephone canvassing in accordance with Article L.223-2 of the French Consumer Code.
Article 12 : Nullity and tolerances
12.1 The nullity, inavalidity, lack of binding force or unenforceability of any of the provisions of the present GTCS shall not entail the nullity, invalidity, lack of binding force or unenforceability of other provisions, which shall retain all their effects.
12.2 Should a condition of sale be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
12.3 A tolerance relating to the application of any provision of the present GTCS, whatever the duration or the frequency, can never be considered as a waiver of the requirement of compliance with such clause.
Article 13 : Mediation
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, ART DESIGN COMPANY adheres to the mediation platform SAS CNPM - Mediation – Consumption, whose coordinates are as follows : 27 Avenue de la Liberation, 42200 Saint Chamond - https: // www.cnpm-mediation-consommation.eu/
After prior written request by the Customer to ART DESIGN COMPANY, the Mediator's Service may be contacted for any consumer dispute for which no settlement has been reached.
To find out how to contact the Mediator, click here.
Article 14 : Applicable law and competent jurisdiction
14.1 The present GTCS are subject to French law.
14.2 The competent court in the event of any dispute shall be that of the defendant’s place of residence or, at the choice of the plaintiff, of the place of actual delivery of the Product.
LEGAL PROVISIONS ON THE LEGAL GUARANTEE OF CONFORMITY AND THE LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
Provisions of the French Consumer Code relating to the legal guarantee of conformity
Article L.217-4 : The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity which exists at the time of delivery. The seller shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
Article L.217-5 :
The good is in conformity with the contract :
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model ;
if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling ;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any particular purpose sought by the buyer, which was brought to the seller's attention and which the latter has accepted.
Article L.217-12 : The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good.
Article L217-16 : When the buyer asks the seller, during the course of the commercial warranty that was granted to him/her at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven 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 good in question is made available for repair, if such availability is subsequent to the request for intervention.
Provisions of the French Civil Code concerning the legal guarantee against hidden defects
Article 1641 : The seller shall be responsible for the legal guarantee against the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish its fitness for such use to such an extent that the buyer would not have acquired it, or would have given a lower price for it, had he/she been aware thereof.
Article 1648 : The action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, at risk of foreclosure, in the year following the date on which the seller can be relieved of apparent defects or lack of conformity
Appendix 1 : Withdrawal form
Download as pdf file.