CONDITIONS GÉNÉRALES DE VENTE

 Kiwikong Richard Orlinski / ART DESIGN COMPANY | France

These General Conditions of Sale (hereinafter referred to as "GTC"), apply without restrictions or reservations to all online sales and services provided by the company ART DESIGN COMPANY (hereinafter the "Seller"), (head office social: 79 Ancienne RN 7, 69570 Dardilly - RCS Lyon 887 797 231).


ART DESIGN COMPANY reserves the right to modify its T & Cs at any time and without notice, it being specified that the T & Cs applicable to the Customer will be those in force on the day of the order. Any order implies full acceptance by the Customer of these T & Cs, which prevail over all other conditions or documents of any kind. The Customer acknowledges having previously communicated these T & Cs as well as all the information referred to in Article L. 221-5 of the Consumer Code in a readable and understandable manner.

Article 1 : Products

1.1 The Products governed by these T & Cs are those which appear on the Website www.kiwikong.fr and which are indicated as sold and shipped by ART DESIGN COMPANY (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. In the absence of availability of one or more Product (s) ordered, ART DESIGN COMPANY undertakes to inform the Customer as soon as possible, and to reimburse him the price of the Product, as well as, where applicable, that of the delivery costs if all of the Products ordered are unavailable. The refund will be made at the latest within thirty (30) days from the date on which the Customer has been 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. However, if errors or omissions may have occurred in this presentation, the responsibility of ART DESIGN COMPANY could not be engaged. The photographs of the products are not contractual.

Article 2 : Price

2.1 The prices of the Products are indicated in Euros all taxes included.

2.2 They take into account any reductions that would be granted under the conditions specified on the Website www.kiwikong.fr

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. However, in the event of a price error (price clearly derisory compared to the real value of the Product), the order may be canceled by ART DESIGN COMPANY, after having informed the Customer and having offered him the possibility of paying the real price, it being understood that this measure remains exceptional.

2.4 Product prices 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 validation of the order.

2.5 If one or more taxes or contributions, in particular environmental ones, were to be created or modified, up or down, this change could be reflected in the selling price of the Products present on the Website www.kiwikong.fr and on the different sales supports.

Article 3 : Order - Products available on the site
3.1 Once the basket has been validated, the Customer chooses his address and delivery method, as well as his means of payment.

3.2 Any order implies acceptance of the prices and description of the Products available for sale, these GTCS and the terms of payment.

3.3 The order will be considered final:
- after sending the Customer an order confirmation email by ART DESIGN COMPANY; as well as an e-mail containing the terms of withdrawal
-
and after receipt by ART DESIGN COMPANY of 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 GTC, or because of serious and consistent 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 a single payment when the order is placed on the website www.kiwikong.fr by secure payment by credit card and Paypal.

4.2 Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.

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 flow of money owed by the Customer would prove to be impossible, the Order would be canceled and the sale automatically resolved, without the Customer being able to blame it on ART DESIGN COMPANY.

Article 5 : Terms of delivery

5.1 ART DESIGN COMPANY may offer the Customer, at the time of placing the order, various delivery methods depending in particular on the size of the package and the Customer's delivery address. Delivery costs, expressed in Euros and All Tax Included, remain the responsibility of the Customer depending on the delivery method chosen. 5.3 Delivery will be made within the time specified on the product sheet, which depends on the time limits applied by the carriers. 5.4 In the event of home delivery and the Customer's absence during delivery, a transit advice slip will be left in his letterbox, if applicable, specifying all the terms of subsequent delivery, which the Customer has '' undertakes to accept and respect. 5.5 In the event of impossibility of delivery for 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 the re-shipment of the order. 5.6 The transfer of risk is made to the Customer when the latter, or a third party designated by him, and other than the carrier appointed by ART DESIGN COMPANY, takes physiq ue possession of the Products ordered. 5.7 The responsibility of ART DESIGN COMPANY can not be engaged in the event of 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 delay attributable to the carrier. If the Products covered by the purchase order have not been delivered within the period indicated, the sale may be canceled at the written request of the Customer under the conditions provided for in Articles L.216-2 and L.216-3 of the Code of consumption, after the Customer has given ART DESIGN COMPAGNY formal notice to deliver. The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or withholding.

Article 6 : Rétractation
6.1
In accordance with Articles L.221-18 et seq. Of the Consumer Code, the Customer may withdraw 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 him other than the carrier, takes physical possession of the Products. The return costs remain the responsibility of the Customer. In the case of an order for several Products delivered separately, the period expires fourteen (14) days after taking possession of the last Product.
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 mode of declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract.
6.3 Returned Products must be suitable for their marketing and must therefore be returned in their new and complete condition as well as in their original packaging. The Customer may be held liable in the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Products.
6.5 The Customer must return the Products no later than fourteen (14) days following the date of communication of his withdrawal to the following address: CHARGING PHONE SAS - 72 avenue du Maréchal de Saxe 69003 Lyon
6.6 ART DESIGN COMPANY will reimburse all payments received from the Customer, including delivery costs (with the exception of additional costs arising 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 their shipment provided by the Customer, the date selected being that of the first of these facts. The refund will be made via the means of payment used for the returned order and will not incur any costs for the Customer.

Article 7 : Garanties
7.1 All the Products for sale on the Website www.kiwikong.fr benefit from the legal guarantee of conformity (articles L217-1 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code ), allowing the Customer to return the Products delivered defective or non-compliant.
7.2
When the customer acts on the basis of the legal guarantee of conformity, the latter: - Benefit from a period of two years from the delivery of the property to act;

- Can choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

- Is exempt from providing proof of 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 regardless of any commercial guarantee granted.
7.3. When the customer acts on the basis of the legal guarantee against latent defects, the latter: - Benefit from a period of two years from the discovery of the defect to act; - Can choose between the resolution of the sale or a reduction of the sale price, in accordance with Article 1644 of the 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, are excluded from the guarantees. major. The guarantee does not apply either in the event of deterioration or accident resulting from impact, fall, or in the event of transformation of the product.

Article 8 : Responsability

The responsibility of ART DESIGN COMPANY cannot be engaged 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 in the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses.

Article 9 : Preuve et archivage
9.1 Tout contrat conclu avec le Client correspondant à une Commande d’un montant supérieur à 120 euros TTC sera archivé par le Vendeur pendant une durée de dix (10) ans conformément à l’article L.213-1 du Code de la consommation.
9.2 Le Vendeur accepte d’archiver ces informations afin d’assurer un suivi des transactions et de produire une copie du Contrat à la demande du Client.

Article 10 : Intellectual property

The brands of the Products have been registered with the National Institute of Intellectual Property. Any element relating to the brand present on the Seller's products is protected by copyright or trademark law. Their disclosure can in no way be interpreted as granting any license or right to use any of the said protected trademarks and distinctive elements. Any total or partial reproduction is strictly prohibited and is likely to constitute an infringement of forgery, 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 monitoring and execution of the customer's order. In this context, data may be transmitted to carriers appointed by the Seller.

11.2. In accordance with the provisions in force, the customer has the right to access, rectify, delete and oppose the use of his personal data. It may also define guidelines for the retention, erasure and communication of such data after their death.

11.3. The customer can exercise his right by sending an electronic or postal mail to the following addresses: privacy@market-maker.fr or to the postal address of the Seller, specifying in the subject "Rights of persons" and attaching a copy of '' proof of identity. The customer can also, if necessary, lodge a complaint with the National Commission for Informatics and Freedoms (CNIL).

11.4 The Seller informs the customer of his right to register on the list of opposition to canvassing in accordance with Article L.223-2 of the Consumer Code.


Article 12 : Nullity and tolerances

12.1 The nullity, lapsing, absence of binding force or unenforceability of any of the provisions of these GTC does not imply the nullity, lapsing, absence of binding force or unenforceability of the other provisions. , which will retain all effects.

12.2 If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

12.3 A tolerance relating to the application of any clause of these T & Cs can never, whatever the duration or the frequency, be considered as a waiver of requiring compliance with that (s). -this.


Article 13 : Médiation

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, ART DESIGN COMPANY adheres to the SAS CNPM - Mediation - Consumption mediation platform whose contact details are as follows 27 Avenue de la Liberation, 42200 Saint Chamond - https: // www.cnpm-mediation-consommation.eu/. After prior written action by the Client vis-à-vis ART DESIGN COMPANY, the Mediator's Department can be referred to any consumer dispute for which the settlement has not been successful.

To find out how to submit a referral to the Mediator, click here.

Article 14: Applicable law and competent jurisdiction

14.1 These GTCS are subject to French law.

14.2 The competent court in the event of a dispute will be that of the place of domicile of the defendant or, at the choice of the plaintiff, of the place of actual delivery of the Product.

TERMS OF SALES

LEGAL PROVISIONS RELATING TO THE LEGAL GUARANTEE OF CONFORMITY AND THE GUARANTEE OF HIDDEN DEFECTS

 

Provisions of the Consumer Code relating to the legal guarantee of conformity

Article L.217-4: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L.217-5: The good complies with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the purchaser in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L.217-12: The action resulting from the lack of conformity lapses two years after delivery of the goods.

Article L217-16: of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any downtime of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

 


Provisions of the Civil Code concerning the guarantee against hidden defects

Article 1641: The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or would have given a lower price, if he had known them. Article 1648: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.