Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE
Date of last update : 09.01.2024
Article 1 - LEGAL NOTICE
The present site, accessible at the URL www.kawobazaar.com is published by :
Kawobazaar, a company with a capital of 500 euros, registered with the R.C.S. of [Company's RCS name] under the number [RCS number], whose registered office is located at 127, avenue Jean Baptiste Clément 92100 Boulogne, represented by Caroline Homery, duly authorized,
The Site is hosted by the company Shopify, located at [Complete address of the hosting company], (telephone: [Telephone number of the hosting company]).
Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general conditions of sale (the "General Conditions of Sale", or the "GCS") apply exclusively to the online sale of services offered by the Operator on the Website.
The GSC are made available to customers on the Site, where they can be consulted directly, and can also be communicated to customers on request by any means.
The GCS are binding on the customer, who acknowledges having read and accepted them before placing an order, by checking a box provided for this purpose. Validation of the order by its confirmation implies acceptance by the purchaser of the GCS in force on the day of the order, which are kept and reproduced by the Operator.
The GCS are also systematically sent with all order confirmations.
The General Terms and Conditions are also systematically sent with every order confirmation sent to the customer by the Operator. All customers are therefore deemed to have read and unreservedly accepted all the provisions of the GCS, which will apply to all services provided by the Operator. The GTS shall prevail over any clauses and conditions to the contrary that may appear in the general terms and conditions of purchase or any other document issued by the Customer. In the absence of express acceptance by the Operator, any conditions set by the customer to the contrary will be unenforceable against the Operator. However, the Operator reserves the right to derogate from certain clauses of the GTS, depending on the negotiations conducted with the Customer, by drawing up special terms and conditions of sale (in particular by concluding a service contract) which will be approved by the Customer.
Article 3 - DESCRIPTION OF SERVICES
The Site is an online sales site for decorative objects (hereinafter the "Service(s)") open to any individual or legal entity using the Site (the "Customer"). The Services presented on the Site are each the subject of a description mentioning their essential characteristics. The photographs illustrating the Services do not constitute a contractual document. The Services comply with the provisions of current French law.
The Customer remains responsible for the methods and consequences of accessing the Site, in particular via the Internet. Such access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the Customer. In addition, the Customer must provide and be fully responsible for the equipment required to connect to the Site.
The Customer acknowledges that he has checked that the computer configuration he is using is secure and in working order.
Article 4 - CREATION OF CUSTOMER AREA
To place an order on the Site, the Customer must first create a personal customer area. Once created, in order to access it, the Customer must identify him/herself using his/her secret, personal and confidential login and password. It is the Customer's responsibility not to communicate his/her login and password in accordance with the provisions of article PERSONAL DATA herein. Each Customer undertakes to maintain strict confidentiality with regard to data, in particular login and password, enabling him/her to access his/her customer area. The Customer acknowledges that he/she alone is responsible for accessing the Service using his/her login and password, unless fraud has been proven. Customers also undertake to inform the Operator immediately in the event of loss, misappropriation or fraudulent use of their login and/or password.
After creating his personal customer area, the Customer will receive an email confirming the creation of his customer area.
When registering, the Customer undertakes to :
- provide true, accurate and up-to-date information at the time it is entered in the service registration form, and in particular not to use false names or addresses, or unauthorized names or addresses.
- to keep the registration data up to date so as to ensure that it is real, accurate and up-to-date at all times.
The Customer further undertakes not to make available or distribute any illegal or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). Should this not be the case, the Operator may suspend or terminate the Customer's access to the Site at its sole discretion.
Article 5 - ORDERS
When placing an order, the Customer must select the Services chosen and add them to his basket, indicating the Services selected and the quantities desired. The Customer may check the details of his order and its total price, and return to the previous pages to correct the contents of his basket if necessary, before validating it.
The customer undertakes to read the General Terms and Conditions in force at the time before accepting them and confirming the terms and conditions and any delivery and withdrawal charges prior to payment of the order. Confirmation of the order implies acceptance of the General Terms and Conditions and constitutes the contract.
The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places an order, he/she must confirm it using the "double-click" technique, i.e. after selecting the Products added to the basket, the Customer must check and, if necessary, correct the contents of his/her basket (identification, quantity of Products selected, price, delivery terms and charges) before validating it by clicking on "I confirm my delivery", then he/she acknowledges acceptance of these GTS before clicking on the "I pay" button, and finally he/she validates his/her order after filling in his/her bank details. The "double click" constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unreserved acceptance of the order by the Customer.
Communications, order forms and invoices are archived by the Operator on a reliable and durable medium so as to constitute a true and durable copy. These communications, order forms and invoices may be produced as proof of the contract. In the absence of proof to the contrary, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.
A copy of these General Terms and Conditions, as accepted by the Customer, will be sent to the Customer by e-mail at the time of confirmation of the Order, so that the Customer may refer to them.
Contractual information relating to the order (including the order number) will be confirmed by e-mail in due course, and at the latest at the time of delivery. The Operator strongly advises the customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is available to the customer in the "my account" area. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any e-mail sent to the customer in connection with an order will be sent to the e-mail address used by the customer to log on to the customer area.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:
• The customer does not comply with the General Terms and Conditions in force at the time of ordering;
• The Customer's order history shows that there are outstanding sums from previous orders;
• One of the Customer's previous orders is the subject of a dispute currently being processed;
• The customer has not responded to an order confirmation request sent by the Operator.
The Operator archives contracts for the sale of Services in accordance with applicable legislation. By sending a request to the following address firstname.lastname@example.org, the Operator will provide the Customer with a copy of the contract which is the subject of the request.
Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Operator.
The information provided by the customer when placing the order is binding. The Operator cannot be held responsible in the event that an error in placing the order prevents or delays delivery.
The Customer declares that he/she has full legal capacity to enter into the present General Terms and Conditions.
Registration is open to adults of legal age and to minors under the condition that they act under the supervision of a parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of a third party unless the third party is validly authorized to represent it (e.g. a legal entity). Registration is strictly personal to each Customer.
Should the Customer fail to comply with any of the provisions herein, the Operator reserves the right to terminate the Customer's account without notice.
Article 6 - PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order subject to payment, which requires the payment of a price in exchange for the provision of the Service ordered.
The Customer is hereby informed that the Service cannot be made available until the Operator has received full payment of the sums owed by the Customer.
The Operator uses the online payment solution Shopify paiements, Paypal.
Orders may be paid for using one of the following payment methods:
• Payment by credit card. Payment is made directly to the secure bank servers of the Operator's bank, and the customer's bank details do not pass through the Site. Bank details communicated at the time of payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The Customer's order is registered and validated as soon as the bank accepts the payment.
The Customer's account will only be debited for the corresponding amount once (i) the credit card details have been verified and (ii) the debit has been accepted by the bank that issued the credit card.
Failure to debit the sums due will result in the immediate nullity of the sale.
In particular, the bank card may be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled, or if the data entered is incorrect.
• Payment by electronic wallet (Paypal type). The Customer already has an account on the e-wallet used by the Operator. The Customer can use this account and pay for his order in complete security without disclosing his bank details.
In this case, the order validated by the Customer will only be considered effective once the secure bank payment center has given its agreement to the transaction.
Within the framework of control procedures, the Operator may have to ask the Customer for any documents required to finalize the order. These documents will not be used for any other purpose.
Article 7 - PRICE PAYMENT
The price of the Services in force at the time of the order is indicated on the Site in euros, inclusive of all taxes. In the event of a promotion, the Operator undertakes to apply the promotional price to all orders placed during the promotional advertising period.
The price is payable in euros (€) only.
The price is payable in full once the order has been confirmed. The prices quoted include any discounts and rebates that the Operator may grant.
The total amount due by the Customer and its details are indicated on the order confirmation page.
Article 8 - RIGHT OF WITHDRAWAL
The Customer will benefit from a withdrawal period of fourteen (14) calendar days from the conclusion of the contract, in accordance with article L. 221-19 of the French Consumer Code.
If the customer wishes to begin the performance of a service before the end of the withdrawal period, the Operator will receive the customer's express request by any means.
Customers who have exercised their right of withdrawal for a service whose performance has begun, at their express request, before the end of the withdrawal period, shall pay the Operator an amount corresponding to the service provided up to the communication of their decision to withdraw; this amount is proportionate to the total price of the service agreed in the contract (and will therefore be equal to the total price of the service if the entire service has been provided).
No sum is due by the Customer who has exercised his right of withdrawal if his express request has not been taken into account or if the Operator has not complied with the obligation to provide information set out in 4° of article L. 221-5 of the French Consumer Code.
In accordance with article L.221-21 of the French Consumer Code, and in order to exercise this right of withdrawal under the conditions set out in articles L. 221-18 et seq. of the French Consumer Code, the customer is invited to complete the standard withdrawal form.
The Operator will acknowledge receipt of the Customer's withdrawal request by e-mail.
the following information to the Operator:
- name, geographical address, telephone number and e-mail address ;
- decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail, if these details are available and therefore appear on the standard withdrawal form). The customer may use the model retraction form, but this is not obligatory.
The exceptions set out in Article L.221-28 of the French Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract (including):
1° For the supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement by the consumer and express renunciation of his right of withdrawal;
2° Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to meet the emergency;
11° Concluded at a public auction;
12° The provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or at a specific time;
13° The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
The Operator will reimburse the Customer the sums due within fourteen (14) days of receipt of all the elements required to implement the Customer's reimbursement. This refund may be made by the same means of payment as that used for the Customer. In this respect, Customers who have paid for their order in the form of credit notes/gift vouchers may be reimbursed by credit notes/gift vouchers at the discretion of the Operator.
By accepting the present General Terms and Conditions, the Customer expressly acknowledges having been informed of the terms and conditions of withdrawal.
Article 9 - CUSTOMER SERVICE
The Customer may contact the Operator:
• at the following number +33660139790 during the following opening days and hours Monday to Friday 9am-6pm
• by email to email@example.com, stating your name, telephone number, the subject of your request and the number of the order concerned.
Article 10 - INTELLECTUAL PROPERTY AND LICENSE OF USE
The Operator is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Site Elements, in whole or in part, may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or in return for payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer shall be solely liable for any unauthorized use and/or exploitation.
ARTICLE 11 - LIABILITY AND WARRANTY
The Operator declares that it has taken out insurance covering its professional and contractual liability.
The Operator may not be held liable for non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts, or due to the unforeseeable and insurmountable act of any third party to the present contract.
The Customer acknowledges that the characteristics and constraints of the Internet make it impossible to guarantee the security, availability and integrity of data transmissions over the Internet. Accordingly, the Operator does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change their content and/or presentation.
The Operator may not be held liable for the use of the Site and its services by Customers in breach of these General Terms and Conditions, nor for any direct or indirect damage that such use may cause to a Customer or a third party. In particular, the Operator may not be held liable for false declarations made by a Customer or for his or her behaviour towards third parties. In the event that the Operator is held liable for such behaviour on the part of one of its Customers, the latter undertakes to indemnify the Operator against any judgement pronounced against it, and to reimburse the Operator for all costs, in particular legal fees, incurred in its defence.
ARTICLE 12 - PERSONAL DATA
Each Customer is solely responsible for preserving the confidentiality of his login and password, and is solely responsible for all access to his Customer Account, whether authorized or not.
The Operator cannot be held responsible for any action or damage carried out via the customer's personal space by a third party who has gained access to the customer's login and password as a result of a fault or negligence attributable to the customer. The Customer undertakes to inform the Operator immediately if the Customer becomes aware of or suspects any unauthorized use of, or unauthorized access to, the Customer's personal space.
Article 13 - HYPERTEXT LINKS
The hypertext links available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the Customer's convenience, in order to facilitate use of the resources available on the Internet. If the Customer uses these links, he/she will leave the Site and agree to use the third-party sites at his/her own risk or, where applicable, in accordance with the conditions governing them.
The Customer acknowledges that the Operator neither controls nor contributes in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
Furthermore, the Customer acknowledges that the Operator does not endorse, guarantee or take over all or part of the conditions of use and/or content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to inform the Operator of any hypertext link present on the Site that would allow access to a third-party site offering content contrary to the law and/or morality.
The Customer may not use and/or insert a hypertext link to the Site without the prior written consent of the Operator on a case-by-case basis.
Article 14 - REFERENCES
The Customer authorizes the Operator to mention the Customer's name and logo as a reference in its communication media (brochure, website, sales proposal, press relations, press release, press kit, internal communication, etc.).
ARTICLE 15 - GENERAL PROVISIONS
ENTIRE AGREEMENT OF THE PARTIES
These General Terms and Conditions constitute a contract governing relations between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. Should one or more stipulations of the present General Terms and Conditions be declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain their full force and scope. In addition, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions shall not be construed as a waiver on its part to invoke such a breach in the future.
MODIFICATIONS TO CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available therein, and/or to cease temporarily or permanently to operate all or part of the Site.
In addition, the Operator reserves the right to modify the location of the Site on the Internet, as well as these General Terms and Conditions, at any time and without prior notice. The Customer must therefore refer to these General Terms and Conditions before using the Site. IN THE EVENT OF MATERIAL MODIFICATIONS AND IN THE EVENT OF ONGOING SERVICES, THE USER WILL BE INFORMED BY MEANS OF AN E-MAIL AND A NOTICE ON THE SITE BEFORE THE MODIFICATION IS IMPLEMENTED.
The Customer acknowledges that the Operator shall not be held liable in any way whatsoever to the Customer or to any third party as a result of such modifications, suspensions or cessations.
The Operator advises the Customer to save and/or print these General Terms and Conditions for safe and durable storage, and to be able to invoke them at any time during the performance of the contract if necessary.
COMPLAINTS - MEDIATION
In the event of a dispute, you must first contact the company's customer service department at the following address: firstname.lastname@example.org
In the event of failure to lodge a complaint with the customer service department, or in the absence of a response from this department within ten (10) days, the customer may submit the dispute relating to the order form or these GCS opposing him to the Operator to the following mediator: legalstart
The mediator will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
These General Terms and Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read these General Terms and Conditions.
By registering on the Site, the Customer confirms that he/she has read the General Terms and Conditions and accepts them, thereby becoming contractually bound by the terms of these General Terms and Conditions.
The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to that date may be given to the Customer on request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.