GENERAL TERMS AND CONDITIONS OF SALE
Article 1 - GENERAL PROVISIONS - SCOPE OF APPLICATION
1.1 The present General Terms and Conditions of Sale ("the GTC") determine the rights and obligations of the parties within the framework of the online sale of Products offered by the company KZL Agency OU ("the Company").
1.2 Any Order placed on the KZL Agency OU website implies the prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are subject to Estonian law. These Terms and Conditions of Sale therefore form an integral part of the Contract between the Client and the Company. They are fully enforceable against the Client who declares having read them and having accepted them, without restriction or reservation, before placing the Order.
1.3 These GCS apply to any Order placed by an individual of legal age acting as a consumer. The Customer therefore certifies that it is a natural person over 18 years of age, acting for purposes that do not fall within the scope of its commercial, industrial, craft, liberal or agricultural activity. He acknowledges that he has full capacity to commit himself when he places an Order and undertakes to provide truthful information as to his identity.
1.4 EXCLUSION: Persons acting in a professional capacity, i.e. natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they act in the name or on behalf of another professional, are expressly excluded from the scope of these GCS.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The GTC applicable to each Order are those in force on the date of payment (or the first payment in the event of multiple payments) of the Order . The Company reserves the right to modify them at any time by publishing a new version on its website. These General Terms and Conditions of Sale can be consulted on the Company's website at the following address: https://thesofacovercrafter.com/ and can be downloaded in pdf format.
Article 2 - CONCLUSION OF THE CONTRACT ONLINE
2.1. Process for placing the Order
To purchase one or more Products on the site, the Customer selects each Product and adds it to his basket. Once his selection is complete, he must confirm his basket in order to proceed to the Order (1st click).
At this stage, the Client is redirected to a page containing :
A summary of the selected Products, the corresponding prices, the terms and conditions and the delivery costs. It is then up to him to check and possibly correct the contents of his basket.
The present Terms and Conditions of Sale. It is the responsibility of the Customer to read them carefully before validating the entire Order.
This validation of the Order after checking the basket and reading the GCS (2nd click) is equivalent to the conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation to pay on his part.
The Customer is then redirected to the payment page. He can choose between the different payment methods offered and proceeds to pay for his Order.
After validating the Order and making payment, the Client receives a confirmation message from the Company at the email address he provided to create his account. This message contains, in pdf format
A summary of the order (Products selected, prices, terms and conditions and delivery costs);
The precise identification of the Company and its activity;
The Order number;
The terms and conditions and the withdrawal form;
These GCS in pdf format.
In the event of non-receipt of the Order confirmation, the Client is recommended to contact the Company via the contact form on the website.
The Client shall then receive a purchase invoice transmitted in electronic form, which the Client expressly accepts.
The Client is strongly advised to keep this confirmation message and the purchase invoice that is also sent to him in electronic format as these documents may be produced as proof of the Contract.
2.2 Cases where the Company refuses to validate the Order
The Company reserves the right to refuse your Order for any legitimate reason, including for example :
Order not conforming to the GCS ;
Quantities ordered that do not correspond to normal use by a consumer Customer;
Non-payment of a previous Order or current litigation concerning a previous Order;
Suspicion of fraud on the Order (supported by a bundle of corroborating evidence).
Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Client on the Company's websites, as well as, where applicable, information on the use of the product.
Although the Company takes reasonable care to ensure that the Specifications are accurate, the Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Accordingly, the Company accepts no responsibility for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in the English language. The Parties agree that the illustrations, videos or photos of the Products oﬀerts for sale have no contractual value. The period of validity of the oﬀre of the Products and their prices is specified on the Company's websites.
3.2 Availability of the Products
Product offers are valid within the limits of stocks available from our suppliers. This availability of Products is normally indicated on the specific page of the Product.
However, insofar as the Company does not reserve stock (except in special cases of Products indicated in pre-order on the Product sheet), the placing of a Product in the basket does not absolutely guarantee the availability of the Product and its price.
In the event that a Product becomes unavailable after the validation of the Customer's Order, the Company shall immediately inform the Customer by email. The Order shall be automatically cancelled and the Company shall reimburse the price of the Product initially ordered, as well as any sums paid in respect of the Order.
However, if the Order contains Products other than the Product that has become unavailable, these shall be delivered to the Client and the delivery costs shall not be refunded.
Article 4 - PRICE OF PRODUCTS
4.1 Reference prices indicated on the sites
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Failing this, it is a price determined according to the prices at which the Product is commonly sold in a panel of brands distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price charged within the panel of retailers is modified.
4.2 Modification of the prices indicated on the sites
The prices of the Products are indicated on the Product description pages. They are indicated exclusive of tax, customs duties and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation.
The Products ordered shall be invoiced on the basis of the price in force on the website at the time the Order is validated.
4.3 Product prices
Insofar as many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of the Products sold through the Internet sites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the Product description pages. They are also indicated in Euros exclusive of tax (VAT and customs duties), unless otherwise indicated, on the Product Order page, and exclusive of specific shipping costs.
The prices of the Product(s) do not include packing, packaging, shipping, transport, insurance and delivery costs of the Product(s) to the delivery address.
4.4 Payment of taxes
The Customer is solely responsible for the process of declaration and payment of import VAT when the Product is cleared through customs. He may be asked to pay the import VAT. Insofar as this tax is not the responsibility of the Company, it may not be required to reimburse this tax.
For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated net of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these duties and sums.
They will be borne by the Client and are its responsibility (declarations, payment to the competent authorities, etc.). The Company therefore invites the Client to enquire about these aspects with the relevant local authorities.
Article 5 - PAYMENT OF THE PRICE OF PRODUCTS
5.1 Time of payment
Payment of the full price of the Order must be made immediately after validation of the Order.
The Company may, exceptionally, grant payment in instalments, particularly in view of the amount to be paid and its knowledge of the Client concerned. However, the Company is under no obligation to grant such payment terms. In the event of a particular situation, the Client may make a request by contacting the Company's Customer Service Department at firstname.lastname@example.org.
5.2 Methods of Payment
To pay for his Order, the Customer can choose between different methods of payment:
Payment by credit card:
Only bank cards linked to a banking establishment located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Client guarantees the Company that he has the necessary authorisations to pay with the bank card used. He expressly acknowledges that the commitment to pay by card is irrevocable and that the communication of his bank card number constitutes authorisation to debit his account up to the total amount corresponding to the Products ordered. The amount shall be debited at the time the Order is validated.
Payments by credit card are made via a secure payment platform and the credit card information communicated benefits from the SSL encryption process.
Payment via Paypal
Payment by Paypal is accepted up to a limit of 1.000 €.
It is emphasised that in the event of using this method of payment, Paypal's General Conditions of Use, which are available on their site, are in addition to these GCS.
Payment by vouchers and/or promo codes
Purchase vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are valid only once. In the event of an attempt to fraudulently use the vouchers and/or promotional codes, the Company may cancel the Order outright.
In general, in the event of refusal to authorise payment by the officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel the said Order.
The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Client concerning a previous Order.
The Company reserves the right to set up an Order verification procedure designed to ensure that no one uses another person's bank details without their knowledge. As part of this verification, the Client may be asked to send the Company by email or by post a copy of an identity document, proof of address and a copy of the bank card used for payment. Precise indications on the exact content of the information requested (to preserve the confidentiality of its data) will be communicated to the Client in the event of verification. The order will only be validated after receipt and verification of the documents sent.
Article 6 - DELIVERY - CUSTOMS - RECEPTION
Before validating the Order, the Company shall provide the Client with information concerning the various delivery methods and their respective prices. Following the Client's choice of delivery method, the Company shall provide the Client with an estimate of the delivery time.
The Company shall do its utmost to ensure that the Product(s) is (are) delivered by the date scheduled for delivery. In the event of any difficulty, the Company undertakes to communicate rapidly with the Client to inform him/her and to seek with him/her an appropriate solution.
Air transport, shipping and/or delivery of the Product(s) will be fully paid for by the Client ("Delivery Costs"). These Delivery Costs are included in the final price invoiced to the Customer at the time of the Order. On the other hand, any customs charges are not included in the price invoiced to the Client by the Company.
Depending on the methods chosen by the Client, delivery will be made either to the address given by the Client or, where applicable, to a relay point chosen by the Client from the list of available points. It is therefore incumbent on the Client to check the delivery details carefully, as the Client remains solely responsible in the event of non-delivery due to incomplete or erroneous information.
6.2 Customs clearance
At the time of his purchase, the Customer buys the product duty-free and becomes the importer of the purchased product in his capacity as the recipient of the Product.
He is therefore in particular responsible for the processes of importing and clearing the product through local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value in excess of €150).
The Customer is solely responsible for the customs duty declaration process when the Product is cleared through customs. These customs duties, which are not invoiced to the Client by the Company, are not the responsibility of the Company. The Company cannot therefore be held liable for the reimbursement of these duties.
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.
If any anomaly is found, the Client must contact the Company's Customer Service Department within three days (excluding public holidays) following the date of receipt of the Product. Any complaint lodged after this deadline cannot be processed.
Article 7 - WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to retract, without giving any reason, within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several Products, the period runs from the date of receipt of the last Product.
In the event that the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the shipping costs shall be refunded, with the return shipping costs remaining at the Customer's expense.
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
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 personalised;
Supply of goods which are likely to deteriorate or expire rapidly;
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 delivery and by their nature, are inseparably mixed with other items;
The supply of alcoholic beverages whose delivery is deferred for more than 30 days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the trader;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of the spare parts and work strictly necessary to meet the emergency;
The supply of audio or video recordings or computer software if they have been unsealed by the consumer after delivery;
The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
Concluded at a public auction;
During periods of strong promotions, requests for exchanges and refunds will not be taken into account.
7.3 Methods of exercising the right of retraction
In order to exercise his right of withdrawal, the Client must inform the Company of his intention to withdraw either by filling in the standard form, a model of which is given below, or by sending an unambiguous statement expressing his intention to withdraw within the 14-day period mentioned above.
The Client has a period of 14 days from the sending of the notice of withdrawal to return the Product to the Company in its original packaging, the return costs being the sole responsibility of the Client.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable the Company to put them back on sale. In the event of receipt of Products that are open, used, incomplete, damaged or soiled, the Company will not make any reimbursement and may even, if it deems it necessary and appropriate, hold the Client liable for depreciation of the Product.
In the event of return of the Product under the conditions provided for by law and these GCS, the Company will proceed to reimburse the totality of the sums paid by the Client, including delivery costs, within 14 days of the notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will only proceed with the refund after receipt and verification of the condition of the returned Product.
This refund shall be made using the same means of payment as that used by the Client to pay for the Order, unless the Client expressly agrees to another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for the same amount as that paid in this form.
Article 8 - GUARANTEES
8.1 Legal guarantees
The Company remains liable for defects in the conformity of the goods in accordance with the provisions of articles L.217-4 et seq. of the Consumer Code as well as for hidden defects in the goods sold in accordance with articles 1641 et seq. of the Civil Code.
When acting within the framework of the legal guarantee of conformity (as provided for by articles L.217-4 et seq. of the Consumer Code), the Consumer Client :
Benefits from a period of 2 years from the date of delivery to act
May choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code
Is exempted from providing proof of the existence of the lack of conformity during the 24 months following delivery of the goods if the Product is new, and during the 6 months following delivery if the Product is sold second-hand.
The Customer may also decide to act within the framework of the legal guarantee against hidden defects within the meaning of article 1641 of the Civil Code. The Customer may choose between cancellation of the sale or a reduction in the price, in accordance with article 1644 of the Civil Code.
These legal guarantees apply independently of any contractual guarantee.
Reproduction of applicable texts
L.217-4 Consumer Code
"The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was made at its expense by the contract or carried out under its responsibility. »
L.217-5 Consumer Code
"The property is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter. »
L.217-9 Consumer Code
"In the event of a lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the seller is obliged to proceed, unless this is impossible, according to the method not chosen by the buyer. »
L.217-12 Consumer Code
"The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. »
1641 of the Civil Code
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them. »
1648 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. […] »
8.2 Manufacturer's Warranty
Certain Products on sale on the Site benefit from a contractual guarantee granted by the supplier or manufacturer of the Product, to which the Company is not directly a party.
The existence of this type of guarantee is mentioned, where applicable, on the specific page of the Product.
If the Client wishes to make use of this guarantee, he should inform the Company by contacting the Customer Service Department and consult the terms and conditions for the application of the guarantee, which are generally inserted in the box concerning the Product.
It is reminded that the benefit of the Manufacturer's Guarantee does not prevent the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects.
Article 9 - PERSONAL DATA PROTECTION
In the context of the commercial relationship, the Company, as the data controller, collects a certain number of mandatory nominative data (including, in particular, surname, first name, delivery address, etc. which are indicated by an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, producing statistics and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
Failure by the Client to communicate this information would make it impossible to process the Order.
This data is intended for internal use by the Company but may be transmitted to the companies that contribute to the performance of the service, including in particular those that deliver the Products or process payments.
The Client has several rights with regard to this personal data:
Right of access to personal data concerning him/her;
Right of correction and deletion if the personal data is inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and conservation of certain data is prohibited;
Right to limit the processing of data, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to the processing of data (in particular in the case of processing for commercial prospecting)
The right to formulate post-mortem guidelines regarding the storage, deletion and disclosure of your personal data
Right to withdraw consent to the performance of certain processing operations (processing operations carried out prior to withdrawal of consent remain lawful)
Right to file a claim with the CNIL.
The request must mention the Client's e-mail address, surnames, first names, postal address and must be accompanied by a copy of his identity document on both sides.
A reply will be sent to him/her within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, the sale of Products on the site does not entail any transfer of intellectual property on the Products sold.
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No transfer of intellectual property rights is made through these GCS.
Article 11 - FORCE MAJEURE
The Company shall not be held liable for failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure that would prevent performance. The Company will notify the client of the occurrence of such an event as soon as possible.
Article 12 - EXCLUSION OF LIABILITY
Notwithstanding anything to the contrary contained herein, the Company shall not be liable for any loss or damage caused by the improper use of the Product(s) by the Client, including without limitation any modification or alteration of the Product(s) not authorised by the Company.
Article 13 - SUSPENSION - TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Client who contravenes the provisions of the GTC, or in general the applicable legal provisions, without prejudice to any damages that the Company may seek.
Any person whose account has been suspended or closed may not subsequently order or create a new account on the Site, without the prior authorisation of the Company.
Article 14 - ARCHIVING - PROOF
In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
At the time of each Order, the Order summary is sent by email to the Client and archived on the Company's website.
The archiving of communications between the Company and the Client is carried out on computerised registers which are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Client and the Company. They may be produced as proof of the Contract.
The archiving of communications, order details and invoices is eﬀectué on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the Civil Code. This information may be produced as proof of the contract.
The Customer will have access to the archived elements on simple request at email@example.com.
Article 15 - NULLITY AND MODIFICATION OF THE GTCS
If any of the provisions of these GTC are null and void, they shall be deemed to be unwritten, but shall not result in the nullity of all contractual provisions.
Any tolerance on the part of the Company in the application of all or part of the commitments made in the context of these GCS, whatever the frequency and duration, shall not be deemed to constitute a modification of the GCS, nor shall it generate any right whatsoever for the Client.