Terms of Sales

Date of last update: July 15, 2019

 

Article 1 – LEGAL NOTICE

 

The present site, accessible at the URL http://www.kidiwi-handmade.com/ (the 'Site'), is published by:

 

Kidiwi Handmade société au capital de 1000 euros, inscrite au R.C.S. de RCS de Pontoise sous le numéro 517 671 624, dont le siège social est situé au 5 Rue des Grouettes 95130 Franconville FRANCE, représenté(e) par ANDRIANASOLO Lanto dument habilité(e),

 

(Hereinafter referred to as the “ Operator”).

 

The Operator's individual VAT number is: FR 70 517 671 624.

 

The site is hosted by Shopify Inc, located at126 York St. Ottawa, ON K1N 5T5, Canada.

 Tel: 1-888-746-7439

 

Le Directeur de la publication du Site est ANDRIANASOLO Lanto.

 

The Operator can be reached at the following telephone number 09 52 92 70 30 and at the following email address hello @kidiwi-handmade.com.

 

Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS

 

The general conditions of sale (the “General Conditions of Sale ”, or the “CGV”) are applicable exclusively to the online sale of products offered by the Operator on the Website.

The General Terms and Conditions are made available to customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.

The General Conditions of Sale are enforceable against the customer who acknowledges, by checking a box or by clicking on the button provided for this indeed, having been aware of them and having accepted them before placing an order. Validation of the order by its confirmation constitutes acceptance by the buyer 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 – DESCRIPTION OF PRODUCTS

 

The Site is an online sales site for children's clothing and accessories. (hereinafter the “Product(s)”) open to any natural or legal person using the Site (the “Client ”).

 

The Products presented on the Site are each the subject of a description (established by the manufacturer accessible on the site on the sheet of each item) mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for using the Product, if it is an essential element, appear on the Site. The Products comply with the requirements of current French law.

 

The Customer remains responsible for the terms and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the user. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.

 

The Customer acknowledges having verified that the computer configuration it uses is secure and in working order.

 

Article 4 – CREATION OF THE CLIENT SPACE

 

To place an order on the Site, the Customer must first create their personal customer area. Once created, to access it, the Customer must identify themselves using their username and secret, personal and confidential password. It is up to the Customer not to communicate his username and password in accordance with the provisions of the PERSONAL DATA article of these General Conditions. Each Client undertakes to maintain strict confidentiality regarding data, in particular username and password, allowing them to access their customer area, the Client acknowledging that they are solely responsible for access to the Service through their username and password, unless fraud is proven. Each Customer further undertakes to immediately inform the Operator in the event of a loss, misappropriation or fraudulent use of their identifier and/or password.

 

After creating their personal customer area, the Customer will receive an email confirming the creation of their customer area.

 

The Customer undertakes when registering to:

 

• Provide real, accurate, up-to-date information at the time of entry into the service registration form, and in particular not use false names or addresses, or names or addresses without authorization.
• Maintain registration data up to date to ensure that it is real, accurate and up to date at all times.

 

The Client further undertakes not to make available or distribute illicit or objectionable information (such as defamatory information or information constituting identity theft) or even harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer's access to the Site at its sole discretion.

 

Article 5 – ORDERS

 

The Operator strives to guarantee optimal availability of its Products. Product offers are valid while stocks last.

 

If, despite the Operator's best efforts, a Product proves to be unavailable after the Customer's order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between:

 

• Delivery of a Product of a quality and price equivalent to that initially ordered, or

 

• Reimbursement of the price of the Product ordered no later than thirty (30) days from payment of amounts 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 is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.

 

With the exception of any contrary notice appearing in these General 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 chosen Products, add them to their basket, 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 previous pages to possibly correct the contents of his basket, before validating it.

 

The Customer undertakes to read the General Conditions of Sale then in force before accepting them and confirming the terms and possible delivery and withdrawal costs prior to payment of their order. Confirmation of the order entails acceptance of the General Terms and Conditions and forms the contract.

 

A copy of these General Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of their 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 on a reliable and durable medium as proof. 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 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 does not respect the General Conditions in force at the time of his order;
• The Customer's order history shows that amounts remain due for previous orders;
• One of the Customer's previous orders is the subject of a dispute currently being processed;
• The Customer did not respond to a request for confirmation of his order that the Operator sent to him.

 

The Operator archives Product sales contracts in accordance with applicable legislation. By making a request to the following address hello@kidiwi-handmade.com , the Operator will provide the Client with a copy of the contract subject to the request.

 

Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.

 

The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, the Operator cannot be held liable in any way in the event that an error when placing the order prevents or delays delivery/delivery.

 

The Customer declares that he has full legal capacity allowing him to commit to these General Conditions.

 

Registration is open to capable adults and minors provided that they intervene under the supervision of 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 (legal entity for example). Registration is strictly personal to each Client.

 

In the event of failure by the Customer to comply with any of the provisions hereof, the Operator reserves the right to terminate said 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 with payment obligation, which requires the payment of a price in exchange for the supply of the Product ordered.

 

In any event, the Operator reserves the right to check the validity of the payment, before shipping the order, by all necessary means.

 

The Operator uses the online payment solution Stripe.

 

Orders can be paid using one of the following payment methods:

 

• Payment by credit card. Payment is made directly on the secure banking servers of the bank of the Operator, the Customer's bank details do not pass through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these contact details are not accessible to third parties.

 

The Customer's order is recorded and validated upon acceptance of payment by the bank.

 

The Customer's account will be debited for the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.

 

The inability to debit the sums due will result in the immediate nullity of the sale.

 

The bank card may in particular 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 (Apple Pay type). The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for their order in complete security without providing their bank details.

 

 

Where applicable, the order validated by the Customer will only be considered effective when the secure banking payment center has given its agreement to the transaction.

 

As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize their order. These parts will not be used for any purpose other than these.

 

Article 7 – PAYMENT OF THE PRICE

 

The price of the Products in effect at the time of the order is indicated in euros, all taxes included (TTC), excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of advertising for the promotion.

 

The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The prices offered include discounts and rebates that the Operator may grant.

 

If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.

 

Article 8 – FORMATION OF THE CONTRACT

 

The contract between the Operator and the Customer is formed when 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, that is to say that after having selected Products added to the basket, the Customer must check and possibly correct the content of his basket (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 General Terms and Conditions before clicking on the “I pay” button, finally he validates his order after having filled in his 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.

 

The archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable medium so as 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 constitutes proof of all transactions between the Operator and its Customers.

 

The order can be resolved by the Customer by registered letter with acknowledgment of receipt or by writing on another durable medium in the event of:

 

• Delivery of a Product that does not conform to the declared characteristics of the Product;
• Delivery exceeding the deadline set in the order form or, in the absence of such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been requested, according to the same terms and without result, to make delivery within a reasonable additional time;
• An increase in price which is not justified by a technical modification of the product imposed by the public authorities.

 

In all these cases, the Customer may demand reimbursement 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 the event of:

 

• Refusal of the buyer to take delivery;
• Non-payment of the price (or the balance of the price) at the time of delivery.

 

Article 9 – RETENTION OF TITLE

 

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 – SHIPMENT AND DELIVERY

 

The online sales offers presented on the site are open to all consumers, we carry out international delivery except in exceptional circumstances. If your destination country is not available on the site, please contact us via the contact section.

 

Delivery means 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 carrier.

 

Shipping costs are those specified when finalizing the order and are accepted upon validation of the order. These vary depending on the amount of the order and the country of destination.

 

For deliveries outside the European Union, customs fees 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.

 

Shipping costs for all orders greater than or equal to 150€, for all deliveries in mainland France, Belgium and Luxembourg are free.

 

The Operator undertakes, 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 deadlines include the preparation and shipping of the order as well as the deadline provided by the carrier.

 

The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and at basket level, provided that payment for the order has not been previously refused.

 

However, if one or more Products cannot be delivered within the time initially announced, the Operator will send an email informing the Customer of the new delivery date.

 

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

 

Upon delivery, you may be asked to sign a receipt.

 

No delivery will be made to a PO box.

Upon delivery, it is the Customer's responsibility to check that the Products delivered comply with their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No complaint about the quantity or condition of the Product will be accepted if the complaint has not been included on the delivery slip.

Article 11 – RIGHT OF WITHDRAWAL

If a delivered Product does not give complete satisfaction to the Customer, the latter may return it to the Operator. The Customer will 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 Customer is invited to complete the standard withdrawal form by clicking on the link below: Withdrawal form

 

The Operator will send an acknowledgment of receipt of the Customer's withdrawal request by e-mail.

 

If applicable, the Customer may exercise his right of withdrawal by notifying the Operator of the following information:

 

• Name, geographic address, telephone number and email address;
• Withdrawal decision by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail as long as these contact details are available and therefore appear on the standard withdrawal form). The Customer can use the model withdrawal form but this is not obligatory.

 

Return costs are the responsibility of the Customer, unless the item cannot normally be returned by post, 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, in particular if the order consists of a contract:

 

• The provision of services fully executed before the end of the withdrawal period and the execution of which has begun after the express prior 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 professional and likely to occur during the withdrawal period;
• The supply of goods made to the consumer's specifications or clearly personalized;
• Supply of goods likely to deteriorate or expire quickly;
• Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection
• Supply of goods which, after being delivered and by their nature, are inseparably 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 and complete contact details (surname, first name, address) of the Customer as well as the order number, and the original purchase invoice.

 

The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days from receipt of the Product and all the elements enabling the Customer to be reimbursed. This reimbursement 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 credits / gift vouchers may be reimbursed by credits / gift vouchers according to the wishes of the Operator.

 

By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal procedures.

Article 12 – CLIENT SERVICES

The Client can contact the Operator:

 

• to the next number 09 52 92 70 30 on the following day and opening hours Monday to Friday from 9:00 a.m. to 5:00 p.m..

 

• by email to hello@kidiwi-handmade.com by indicating their name, telephone number, the subject of their request and the number of the order concerned.

 

Article 13 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE

 

 

The Operator is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, animated or non-animated images, photographs, videos, logos, drawings, models, software, brands, 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 Elements of the Site may in whole or part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or for a fee, by a Customer or by a third party, whatever the means and/or supports used, whether known or unknown to date, without the express prior 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 legal action against persons who have not complied with the prohibitions contained in this article.

 

ARTICLE 14 – LIABILITY AND WARRANTY

 

The Operator cannot be held responsible for non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or even due to the unforeseeable and insurmountable act of any third party herein.

 

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. Therefore, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their use may be temporarily interrupted due to maintenance, updates or technical improvements, or to change their content and/or their presentation.

 

The Operator cannot be held responsible for any use made of the Site and its services by Customers in violation of these General Conditions and for any direct or indirect damage that this use could cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for their behavior towards third parties. In the event that the Operator is held liable for such behavior by one of its Customers, the latter undertakes to guarantee the Operator against any conviction pronounced against it as well as to reimburse the Exploiter of all costs, including attorneys' fees, incurred for his defense.

 

 

ARTICLE 16 – AFTER-SALES SERVICE

The after-sales services provided by the Operator and not covered by the commercial guarantee are the subject of a contract, a copy of which is given to the Customer.

 

Claims made under guarantees should be addressed to the after-sales service at the following contact details:

 

• Email : hello@ kidiwi-handmade.com
• Adresse postale : 4 rue Berthelot 95300 Pontoise FRANCE

 

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 return postage costs no later than thirty (30) days following receipt of the product by the Operator.

ARTICLE 17 – PERSONAL DATA

 

For more information regarding the use of personal data by the Operator, please carefully read the Privacy Charter (the “ Charter "). You can consult this Charter at any time on the Site.

 

Article 18 – HYPERTEXT LINKS

 

The hypertext links available on the Site may refer 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 resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use third-party sites at his own risk or, where applicable, in accordance with the conditions which govern them.

 

The Customer acknowledges that the Operator does not control or contribute 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 due to these hypertext links.

 

In addition, the Customer acknowledges that the Operator cannot endorse, guarantee or take over all or part of the conditions of use and/or the 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 notify it of any hypertext link present on the Site which would allow access to a third-party site offering content contrary to the laws and/or good morals.

 

The Client may not use and/or insert a hyperlink pointing to the site without the prior written consent of the Operator on a case-by-case basis.

 

ARTICLE 19 – REFERENCES

The Client authorizes the Operator to mention the Client's name and its logo as a reference in its communication media (brochure, website, commercial proposal, relations with the press, press release, press kit, internal communication, etc. .).

 

ARTICLE 20 – GENERAL PROVISIONS

INTEGRALITY OF THE PARTIES' AGREEMENT

 

These General Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more stipulations of these General Conditions are declared void in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope. Furthermore, the fact for one of the parties to these General Conditions not to take advantage of a failure by the other party to any of the provisions of these General Conditions cannot be interpreted as a waiver on its part of avail themselves of such a breach in the future.

 

MODIFICATIONS OF CONDITIONS

 

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease operating 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 Conditions before using the Site.

 

The Customer acknowledges that the Operator cannot be held responsible in any way towards him or any third party as a result of these modifications, suspensions or cessations.

 

The Operator advises the Customer to save and/or print these General Conditions for safe and long-term storage, and thus be able to invoke them at any time during the execution of the contract if necessary.

 

RECLAMATION - MEDIATION

 

In the event of a dispute, you must first contact the company's customer service at the following contact details:

• E-mail : hello@about -handmade.com
• Adresse postale : 4 rue Berthelot 95300 Pontoise FRANCE

 

In accordance with article L. 612-1 of the Consumer Code, within one year of his or her written complaint, the consumer, subject to article L.152-2 of the Consumer Code, has the right to submit a request for amicable resolution through mediation, to 

SAS Mediation Solution

222 chemin de la bergerie 01800 Saint Jean de Niost

site : https://www.sasmediationsolution-conso.fr,

email :  contact@sasmediationsolution-conso.fr

 

In accordance with European Regulation 524/2013, the company Kidiwi Handmade informs you of the existence of a European platform for the resolution of online disputes between e-merchants and consumers: http://ec.europa.eu/consumers/odr/

 

Governing Law

 

These General Conditions are governed, interpreted and applied in accordance with French law.

 

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

 

The Customer acknowledges having read these General Conditions carefully.

 

By registering on the Site, the Customer confirms having read the General Conditions and accept them, making him contractually bound by the terms of these General Conditions.

 

The General Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to date can be given to the Customer upon request, it is therefore specified that any modification of the General Conditions which is made by the Operator will not be will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.