Date of last update: 15 July 2019
Article 1 – LEGAL DISCLAIMER
This site, accessible at the URL http://www.kidiwi-handmade.com/ (the "Site"), is published by:
Kidiwi Handmade, EURL KIDIWI with a capital of 1000 euros, registered with the R.C.S. of Pontoise under number 517 671 624, whose registered office is located at 5 Rue des Grouettes 95130 Franconville FRANCE, represented by ANDRIANASOLO Lanto who is duly authorized,
(hereinafter referred to as the "Seller").
The Operator's individual VAT number is: FR 70 617 671 624 00032.
The Site is hosted by Shopify Inc., located at 126 York St. Ottawa, ON K1N 5T5, Canada.
Contact : Tél. : 1-888-746-7439
The Director of the publication of the Site is ANDRIANASOLO Lanto.
The Operator can be reached at the following e-mail address firstname.lastname@example.org.
Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general terms and conditions of sale (the "General Terms and Conditions of Sale", or the "GTC") are applicable exclusively to the online sale of the products offered by the Operator on the Website.
The GTCs are made available to customers on the Site where they can be directly consulted and can also be communicated to them on request by any means.
The T&Cs are enforceable against the customer who acknowledges, by ticking a box or clicking ON the button provided for this purpose, that he/she has read and accepted them before placing an order. The validation of the order by its confirmation is equivalent to the buyer's acceptance of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.
Article 3 – PRODUCT DESCRIPTION
The Site is an online site for the sale of children's clothing and accessories (hereinafter the "Product(s)") open to any natural or legal person using the Site (the "Customer").
The Products presented on the Site are each the subject of a description (established by the manufacturer and accessible on the site on the sheet of each item) mentioning their essential characteristics. Photographs illustrating the products, where applicable, do not constitute a contractual document. The instructions for use of the Product, if it is an essential element, appear on the Site. The Products comply with the requirements of the French law in force.
The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet service providers, which remain at its expense. In addition, the Customer shall provide and be fully responsible for the equipment necessary to connect to the Site.
The Customer acknowledges that he has verified that the computer configuration he uses is secure and in working order.
Article 4 – CREATION OF THE CUSTOMER AREA
To place an order on the Site, the Customer must first create his personal customer area. Once created, to access it, the Client must identify himself using his secret, personal and confidential login and password. It is the Client's responsibility not to communicate his username and password in accordance with the provisions of the article PERSONAL DATA of these General Conditions. Each Customer agrees to maintain strict confidentiality in regard to data, in particular the username and password, allowing him/her to access his/her customer area, the Customer acknowledges that he/she is solely responsible for access to the Service through his/her username and password, unless in the event of a proven fraud. Each Customer also agrees to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his username and/or password.
After the creation of the personal customer area, the Customer will receive an email confirming the creation of his customer space.
The Client agrees upon registration to:
- Provide real, accurate, up-to-date information at the time of entry in the service registration form, including not using false names or addresses, or names or addresses without permission.
- Maintain up-to-date registration data to ensure that they are always real, accurate and up to date.
The Client further agrees not to make available or distribute illegal or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). Otherwise, the Operator shall be able to suspend or terminate the Customer's access to the Site at its sole discretion.
Article 5 – ORDERS
The Operator endeavors to guarantee optimal availability of its Products. Product offers are valid within the limits of available stocks.
If, despite the Operator's best efforts, a Product proves to be unavailable after the Customer's order, the Operator shall inform the Customer by email as soon as possible and the Customer shall have the choice between:
- The delivery of a Product of a quality and price equivalent to that initially ordered, or
- The refund of the price of the Product ordered at the latest within thirty (30) days of payment of the sums already paid.
It is agreed that, apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator shall not be liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.
Except as otherwise provided in these General Terms and Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.
When placing an order, the Customer must select the selected Products, add them to his shopping cart indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the content of his shopping cart, before validating it.
The Customer agrees to read the General Terms and Conditions of Sale in force before accepting them and to confirm the terms and any delivery and retraction costs prior to payment of his order. The confirmation of the order implies acceptance of the General Terms and Conditions and establishes the contract.
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 his Order so that the latter can refer to them.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation as proof on a reliable and durable medium. A digital invoice is made 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 email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his 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 would not respect the General Conditions in force at the time of his order;
- The Customer's order history shows that sums remain due for previous orders;
- One of the Client's previous orders is the subject of a dispute in progress;
- The Customer has not responded to a request from the Operator for confirmation of his order.
The Operator archives contracts for the sale of Products in accordance with applicable legislation. By making a request to the following address email@example.com, the Operator will provide the Customer with a copy of the contract for which the request is made.
Any modification of the order by the Customer after confirmation of his order is subject to the Operator's agreement.
The information provided by the Customer when placing the order (including name and delivery address) is binding on the Customer. Thus, the Operator's liability can in no way be sought in the event that an error in placing the order prevents or delays delivery/delivery.
The Client declares that he/she has full legal capacity to enter into the commitments outlined in these General Terms and Conditions.
Registration is open to capable adults and minors provided that they are supervised by the parent or guardian having parental authority. Under no circumstances is registration authorized on behalf of third parties unless you are validly authorized to represent them (for example a legal person). Registration is strictly personal to each Client.
In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the Customer's account without notice.
Article 6 – PAYMENT METHODS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires payment of a price against the supply of the Product ordered.
In any event, the Operator reserves the right to check the validity of the payment, before the order is dispatched, by all necessary means.
The Operator uses the Stripe online payment solution.
Orders can be paid for using one of the following payment methods:
- Payment by credit card. Payment is made directly through the Operator's bank's secure banking servers, the Customer's bank details are not transmitted on the Site. The bank details provided during 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 recorded and validated as soon as the payment is accepted by the bank.
The Customer's account will only be debited with the corresponding amount when (i) the data of the credit card used have been verified and (ii) the debit has been accepted by the bank that issued the credit card.
The impossibility of debiting the sums due will result in the immediate nullity of the sale.
In particular, the credit card may be refused if it has expired, if it has reached the maximum amount of expenditure to which the Client is entitled or if the data entered are incorrect.
- Payment by electronic wallet (Apple Pay). The Customer already has an account on the electronic portfolio used by the Operator. The Customer can use this account and securely pay for his order without providing his bank details.
If necessary, the order validated by the Customer will only be considered effective when the secure bank payment center has given an agreement for the transaction.
As part of the control procedures, the Operator may have to request from the Customer all the documents necessary to finalize his order. These documents will not be used for any purpose other than for finalizing the order.
Article 7 – PAYMENT
The price of the Products in force at the time of the order is indicated in euros, all taxes included (including VAT), excluding delivery and transport costs. In the event of a promotion, the Operator agrees to apply the promotional price to any order placed during the period of the advertising made for the promotion.
The price is payable in euros (€) only. The price is due in full after confirmation of the order. The prices offered include the discounts and rebates that the Operator would have to grant.
If delivery or transport charges apply, they will be added to the price of the Products and indicated separately before the Customer confirms the order. The total amount due by the Customer and its details are indicated on the order confirmation page.
Article 8 – FORMATION OF CONTRACT
The contract between the Operator and the Customer is formed at the time the Customer sends the confirmation of his order.
The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his order, he must confirm it by the "double-click" technique, i.e. after having selected the Products added to the shopping cart, the Customer must check and possibly correct the contents of his shopping cart (identification, quantity of products selected, price, terms and delivery costs) before validating it by clicking on "I validate my delivery", then he acknowledges accepting these GTC before clicking on the "I pay" button, finally he confirms his order after having completed his bank details. The "double click" is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.
The Operator shall archive communications, purchase orders and invoices on a reliable and durable medium in order to constitute a faithful and durable copy. These communications, purchase orders and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.
The order may be cancelled by the Customer by registered letter with acknowledgement of receipt or in writing on another durable medium in the event of:
- Delivery of a Product that does not comply with the declared characteristics of the Product;
- Delivery beyond the deadline set in the purchase order or, in the absence of such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been instructed, under the same terms and without result, to make the delivery within a reasonable additional period;
- A price increase that is not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the Client may demand repayment of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
The order can be resolved by the Operator in case of a:
- Refusal of the buyer to accept the delivery;
Non-payment of the price (or the balance of the price) at the time of delivery.
Article 9 – RESERVATION OF OWNERSHIP
The Operator remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.
Article 10 – SHIPPING AND DELIVERY
The online sales offers presented on the site are open to any consumer, we make an international delivery unless otherwise specified. If your destination country is not available on the site, please contact us via the contact section.
Delivery means the transfer to the Customer of physical possession or control of the Product.
The Operator offers you different delivery or delivery methods depending on the nature of the product: Choice of delivery method at the customer's expense via the integration of a Boxtal account allowing parcels to be sent by carriers.
Shipping costs are those specified at the time of finalization of the order and are accepted by the validation of the order. These vary according to the amount of the order and the country of destination.
For deliveries outside the European Union, customs duties and taxes may be applied and claimed by the carrier, depending on the legislation of each country. These costs are not included in the price of the product mentioned on the site and are the responsibility of the customer.
The shipping costs for all orders greater than or equal to 120€, for any delivery in metropolitan France, are free.
The Operator agrees, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.
Delivery times are announced in working days on the Site when ordering. These times include the preparation and shipment of the order as well as the time set by the carrier.
The Operator agrees to ship the Products in accordance with the deadlines announced on each Product sheet and at shopping cart, provided that payment for the order has not previously been refused.
However, if one or more Products cannot be delivered within the initially announced deadline, the Operator will send an email indicating the new delivery date to the Customer.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore his responsibility to check that this address does not contain any errors. The Operator may not be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.
Upon delivery, it may be required to sign a receipt form.
No delivery will be made to a post office box.
Upon delivery, it is the Customer's responsibility to check that the Products delivered are in conformity with his order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery note. No complaint about the quantity or condition of the Product will be accepted if the complaint has not been made on the delivery note.
Article 11 – RIGHT OF WITHDRAWAL
If a Product delivered does not give complete satisfaction to the Customer, the latter may return it to the Operator. The Customer shall have fourteen (14) days to do so from the date of receipt of the order.
In accordance with Article L. 221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the Consumer Code, the Client is invited to complete the standard withdrawal form by clicking on the link below
The Operator will send an acknowledgement of receipt of the Customer's request for retraction by e-mail.
If necessary, the Customer may exercise his right of withdrawal by notifying the Operator of the following information:
- 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 as soon as these details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form but this is not mandatory.
The return costs are the responsibility of the Customer, unless the goods cannot normally be returned by the Post Office, in which case the Operator will recover the Product at its own expense.
The exceptions of article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, particularly if the order consists of a contract:
- The provision of services fully performed before the end of the withdrawal period and whose performance has begun after prior express consent of the consumer and express waiver of his right of withdrawal;
- The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the trader and likely to occur during the withdrawal period;
- The supply of goods made to consumer specifications or clearly personalized;
- The supply of goods that are likely to deteriorate or expire quickly;
- The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection
- The supply of goods which, after having been delivered and by their nature, are inextricably mixed with other items;
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.
In addition to the returned Product, the return package must also contain a letter specifying the exact (surname, first name, address) and complete details of the Customer as well as the order number, and the original purchase invoice.
The Operator shall refund the Customer the amount of the Product within fourteen (14) days of receipt of the Product and all the elements required to implement the Customer's refund. This refund may be made by the same means of payment as that used for the Customer. As such, the Customer who has paid for his order in the form of credit notes / gift vouchers may be reimbursed by credit notes / gift vouchers according to the Operator's will.
By accepting these General Terms and Conditions of Sale, the Client expressly acknowledges that he has been informed of the procedures related to retraction.
Article 12 – CUSTOMER SUPPORT
The Customer may contact the Operator:
- At the following number +33 (0) 9 52 92 70 30 on the following day and opening hours: Monday to Friday from 9am to 5pm.
- By email at firstname.lastname@example.org indicating the name, telephone number, the subject of the request and the number of the applicable order.
Article 13 – INTELLECTUAL PROPERTY AND SITE LICENSE
The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images, animated or not, photographs, videos, logos, designs, models, software, trademarks, visual identity, database, structure of the Site and all other intellectual property elements 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 Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, transmitted, published, communicated, communicated, distributed, broadcast, represented, stored, used, rented or otherwise exploited in any way, free of charge or against 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 is solely responsible for any unauthorized use and/or exploitation.
The Operator reserves the right to take any legal action against persons who have not complied with the prohibitions contained in this article.
ARTICLE 14 – LIABILITY AND WARRANTY
The Operator shall not be held liable for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or the unforeseeable and insurmountable fact of any third party hereto.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating 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 cannot be held liable for the use made of the Site and its services by Customers in violation of these General Conditions and for any direct or indirect damage that such use may cause to a Customer or a third party. In particular, the Operator cannot be held liable for false declarations made by a Customer and his behavior towards third parties. In the event that the Operator's liability is sought for such conduct by one of its Customers, the latter agrees to guarantee the Operator against any conviction pronounced against it and to reimburse the Operator for all costs, in particular lawyers' fees, incurred in its defense.
ARTICLE 16 – AFTER-SALES SERVICE
The after-sales services performed by the Operator and not covered by the commercial guarantee are covered by a contract, a copy of which is given to the Customer.
Warranty claims should be addressed to the after-sales service at the following address:
- E-mail address: email@example.com
- Postal address: 5 Rue des Grouettes 95130 Franconville FRANCE
- Telephone number: +33 (0) 9 52 92 70 30
Products covered by the guarantees must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.
The Customer will be reimbursed for the return postage costs no later than thirty (30) days following receipt of the product by the Operator.
ARTICLE 17 – PERSONAL DATA
Article 18 – HYPERLINKS
The hypertext links available on the Site may lead to third party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he/she will leave the Site and then agree to use the third party sites at his/her own risk or, if applicable, in accordance with the conditions governing them.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
The Site may also contain promotional hypertext links and/or banner ads to third party sites not published by the Operator.
The Operator invites the Customer to inform him of any hypertext link present on the Site that would allow access to a third party site offering content contrary to the laws 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 19 – REFERENCES
The Customer authorizes the Operator to mention the Customer's name and logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).
ARTICLE 20 – GENERAL PROVISIONS
FULL AGREEMENT OF THE PARTIES
These General Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute all the rights and obligations of the Company and the Operator relating to their purpose. If one or more provisions of these General Terms and Conditions are declared null and void pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall remain in full force and effect. 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 breach in the future.
AMENDMENTS TO THE CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to temporarily or permanently cease to operate all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Terms and Conditions before using the Site.
The Customer acknowledges that the Operator shall not be liable in any way to the Customer or any third party as a result of such modifications, suspensions or termination.
The Operator advises the Customer to save and/or print these General Terms and Conditions for safe and durable storage, and thus to be able to invoke them at any time during the performance of the contract if necessary.
CLAIM - MEDIATION
In the event of a dispute, you should first contact the company's customer service department at the following address:
- E-mail address: firstname.lastname@example.org
- Postal address: 5 Rue des Grouettes 95130 Franconville FRANCE
- Telephone number: +33 (0) 9 52 92 70 30
In accordance with Article L. 612-1 of the French Consumer Code, within one year from the date of the written complaint, the consumer, subject to Article L. 152-2 of the French Consumer Code, has the right to submit a request for an amicable resolution by way of mediation to
SAS Médiation Solution
222 Chemin de la Bergerie 01800 Saint Jean de Niost, France
In accordance with European Regulation 524/2013, Kidiwi Handmade informs you of the existence of a European platform for settling online disputes between e-merchants and consumers: http://ec.europa.eu/consumers/odr/.
These General Terms and Conditions shall be governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Client acknowledges having carefully read these General Terms and Conditions.
By registering on the Site, the Client confirms that he/she has read and accepted the General Conditions, making him/her contractually bound by the terms of these General 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 this day, may be given to the Customer at his request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator shall not apply to any order placed previously, unless expressly agreed by the Customer who placed a given order.
I, GEORGE TOPOURIA, hereby certify that I reviewed the attached documents. I further certify that the English translation of the FRENCH document appears, to the best of my abilities, to be true and accurate. I further certify that I am competent in both English and FRENCH to render and certify such translation.