General Sales Regulations (GSR)
Article 1. - Entirety
The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in store or by means of other top dating sites review distribution and marketing circuits.
They are available on the website https://www.kalbass.fr/en/ and will prevail, if necessary, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its prices and general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
Article 2. - Object
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website kalbass.fr.
The present conditions only concern purchases made by buyers located in France and delivered exclusively on the French territory.
Article 3. - Pre-contractual information
3.1. The buyer acknowledges having been informed, prior to the placing of his order and the conclusion of the contract, in a legible and comprehensible manner, of the present general conditions of sale and of all the information listed in article L. 121-17 of the consumer code.
3.2. Are transmitted to the buyer, in a clear and understandable, the following information:
- the essential characteristics of the good or service ;
- the price of the good or service;
- in the absence of immediate execution of the contract, the date or the deadline by which the service provider undertakes to deliver the good or to execute the service, whatever its price;
- information concerning the identity of the provider, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence of guarantees and other contractual terms and conditions and the manner in which they are to be implemented.
3.3. The seller shall provide the buyer with the following information:
- its name or corporate name, the geographical address of its establishment and, if different, that of the registered office, its telephone number and its e-mail address ;
- the terms of payment, delivery and performance of the contract, as well as the terms provided by the trader for handling complaints;
- in the case of a sale, the existence of and procedures for exercising the legal guarantee of conformity provided for in Articles L. 211-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code, as well as, where applicable, the commercial guarantee and after-sales service referred to respectively in Articles L. 211-15 and L. 211-19 of the Consumer Code;
- the duration of the contract, when it is concluded for a fixed term, or the conditions for its termination in the case of a contract for an indefinite term.
3.4. The seller shall indicate, with regard to the digital content:
- any relevant interoperability of that content with certain hardware or software of which the trader has or ought reasonably to have knowledge.
Article 4. - The order
The buyer can place an order online, from the online catalog and using the form that appears, for any product, within the limits of available stocks.
In case of unavailability of a Product ordered, the buyer will be informed by e-mail or on the site.
In order for the order to be validated, the buyer must accept, by clicking where indicated, the present general conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.
The sale will be considered final :
- after the sending to the buyer of the confirmation of the acceptance of the order by the salesman by electronic mail;
- and after collection by the seller of the full price;
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.
In certain cases, in particular default of payment, erroneous address or other problem on the account of the purchaser, the salesman reserves the right to block the order of the purchaser until the resolution of the problem.
The cancellation of the order of this Product and its possible refunding will then be carried out, the remainder of the order remaining firm and definitive.
For any question relating to the follow-up of an order, the buyer must call the customer service (price of a local call in force)
Article 5. - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will be considered proof of the buyer's agreement:
- Payability of the sums due under the order form,
- signature and express acceptance of all operations carried out.
In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact the customer service and then contact his bank to take the necessary steps.
Article 6. - Order confirmation
The seller provides the buyer with a copy of his order by electronic means.
Article 7. - Proof of the transaction
The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.
Article 8. - Information on the products
The products governed by these general conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller cannot be held responsible.
The photographs of the products are not contractual.
Article 9. - Prices
The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force at the time of the order, subject to availability on that date.
The prices are indicated in euros. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop. The payment of the totality of the price must be realized at the time of the order. At no time, the sums paid can be considered as deposits or down payments.
If one or more taxes or contributions, in particular environmental, were to be created or modified, in rise as in fall, this change could be reflected on the selling price of the products.
The prices do not take into account the customs charges which remain the responsibility of the buyer.
The price is payable in full and in one payment at the last stage. You will be redirected to the secure platform Mangopay.
Article 10. - Method of payment
This is an order with payment obligation, which means that the placing of the order implies a payment by the buyer.
To pay for his order, the buyer has, at his option, all the payment methods made available by the seller and listed on the site of the seller. The buyer guarantees the seller that he/she has the necessary authorizations to use the method of payment chosen by him/her, when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by credit card by officially accredited organisations or in the event of non-payment. The seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered. The seller has set up an order verification procedure designed to ensure that no one uses the bank details of another person without their knowledge.
As part of this verification, the buyer may be asked to fax the seller a copy of an identity document and proof of address. The order will then be validated only after reception and verification by the seller of the documents sent.
In case of cash payment at the order:
The payment of the price is made cash to the order, according to the following methods: Mangopay
In case of payment at the order but with a debit on the day of the order:
In case of payment by credit card, the card is debited at the time of the order
The payments made by the buyer will be considered final only after effective collection of the sums due, by the seller. The unpaid goods remain the property of the seller until the full payment of the latter.
Article 11. - Availability of products - Refund - Resolution
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below. The shipping times run from the date of registration of the order indicated on the email confirming the order.
For deliveries in France, the time is 4 to 5 working days and 10 to 15 working days for the Antilles-Guyana from the day after the buyer has placed his order. (3)
In the event of failure to comply with the agreed delivery date or period, the buyer shall, before rescinding the contract, require the seller to perform within a reasonable additional period.
If the Seller fails to do so within this further period, the Buyer may freely withdraw from the contract.
The buyer must complete these successive formalities by registered letter with acknowledgement of receipt.
The contract shall be deemed to have been terminated on receipt by the seller of the letter or writing informing him of this termination, unless the trader has performed in the meantime.
The buyer may, however, terminate the contract immediately if the dates or time limits referred to above are an essential condition of the contract for him.
In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 30 days of the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product.
Article 12. - Terms of delivery
The delivery means the transfer to the consumer of the physical possession or control of the good. It is made only after confirmation of payment by the seller's bank.
The ordered products are delivered according to the following methods: Tracked letter, Chronopost or by Colissimo according to the deadlines announced on the official website of the carriers. The seller is not responsible in case of delay or loss of a package.
No delivery is made to countries outside Europe. The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice of passage in the mailbox, which will allow to withdraw the parcel at the place and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery form, damaged package, broken products).
This verification is considered to have been carried out as soon as the buyer, or a person authorised by him, has signed the delivery note.
The buyer will then have to confirm by registered mail these reserves to the carrier at the latest in the two working days following the reception of the articles and to transmit a copy of this mail by fax or simple mail to the salesman at the address indicated in the legal mentions of the site.
If the products need to be returned to the seller, they must be the subject of a request for return to the seller within 7 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions). The return costs will be charged to the buyer.
Article 13. - Errors of delivery
The purchaser must make any claim to the seller on the day of delivery or at the latest on the first working day following delivery, of delivery error and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.
The claim may be made, at the option of the buyer:
- telephone number: +590 690 172819;
- e-mail address:email@example.com.
Any claim not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the attribution of the exchange number.
In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo Recommandé, to the following address Association Kalbass' 1 allée des saules (Porte 085) 93200 Saint-Denis. The return costs are at the seller's charge.
Article 14. - Transfer of risks
In case of immediate transfer of the property from the order, indicate :
The property of the sold thing is transferred to the buyer as soon as the parties agree on the thing and on the price. Consequently, the transfer of ownership of the products and the risks of loss and deterioration relating thereto, is carried out, at the expense of the purchaser, as soon as the order form is accepted by the seller. _
In case of transfer of ownership and risks, only after full payment, indicate :
The transfer of ownership and the risks of loss and deterioration relating to it, will be realized only after complete payment of the price by the purchaser, whatever the date of delivery. The products travel at the buyer's risk.
If the buyer has entrusted the transport of the products to a carrier:
The seller is discharged from the delivery which is entrusted to an independent carrier, according to the choice of the buyer.
The latter must then indicate the delivery address to this carrier.
The delivery is deemed to be carried out as soon as the ordered products are handed over by the seller to the carrier.
Under these conditions, the buyer has no recourse in warranty against the seller in the event of failure to deliver the goods transported.
Article 15. - Product warranty (5)
(5) Add, as an annex to these general terms of sale, the reproduction of articles L. 211-4, L. 211-5, L. 211-12 and L. 211-16 of the consumer code and the reproduction of articles 1641 and 1648 of the civil code.
15.1. legal guarantee of conformity and legal guarantee of hidden defects
Kalbass' guarantees the conformity of the goods to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in articles L. 211-4 and following of the consumer code or the guarantee of defects of the thing sold as defined in articles 1641 and following of the civil code.
In case of implementation of the legal guarantee of conformity, it is recalled that :
- the buyer has a period of 2 years from the delivery of the goods to act;
- the buyer may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
- the buyer is exempted from proving the existence of the lack of conformity of the goods during the 6 months following the delivery of the goods (6).
(6) this period is extended to 24 months from 18 March 2016, except for second-hand goods.
In addition, it is recalled that:
- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- the buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
The products sold are also covered by a commercial guarantee aimed at guaranteeing their conformity and ensuring the reimbursement of the purchase price, the replacement or the repair of the goods.
It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
The foregoing provisions are not exclusive of the application of the legal guarantee of compliance of Article L. 211-4 of the Consumer Code and the guarantee of defects in the thing sold of Articles 1641 and following of the Civil Code.
The buyer is expressly informed that the seller is not the producer of all the products presented in the sense of Law No. 98-389 of 19 May 1998 on liability for defective products.
Article 16. - Right of withdrawal (8)
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order, to return any item that does not suit him and ask for an exchange or refund without penalty, except for the cost of return which remains the responsibility of the buyer (9)
(9) In the case of services, the date of conclusion of the contract is to be taken into account.
However, the products must be returned in their original packaging and in perfect condition within ...... (specify the number of days, knowing that at least 14 days are required following the communication of the decision of withdrawal) days following the notification to the seller of the decision of withdrawal of the buyer.
The returns are to be made in their original condition and complete (packaging, accessories, instructions) allowing their re-marketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not accepted.
The right of withdrawal can be exercised by registered mail. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
In case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the delivery costs are reimbursed.
The return costs are at the buyer's expense.
The exchange (subject to availability) or refund will be made within a period of ..... (specify, but, at the latest, 14 days) from the receipt by the seller of the products returned by the buyer under the conditions provided above.
Article 17. - Force majeure
All circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.
The party that invokes the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
Article 18. - Intellectual property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole owner of the intellectual property rights on this content
Buyers agree not to make any use of these contents; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
Article 19. - Data processing and Freedoms
The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.
They can be communicated to the partners of the salesman in charge of the execution, the treatment, the management and the payment of the orders.
The processing of the information communicated through the Kalbass.fr website has been declared to the CNIL (in progress).
The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the methods defined on the website (specify the website).
Article 20 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such 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.
Article 21. - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 22. - Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 23. - Language of the contract
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 24. - Mediation
The buyer may resort to conventional mediation, in particular with the Commission for Consumer Mediation or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 25. - Applicable law
The present general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This applies to both the substantive rules and the rules of form. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution. If the dispute cannot be resolved amicably between the parties, the exclusive jurisdiction of the competent court shall be seized (10).
(10) The place of delivery shall determine the competent court.