General Terms and Conditions of Business

/General Terms and Conditions of Business
General Terms and Conditions of Business2018-10-01T22:04:22+00:00

Between the Company KFARAH, 217 rue Diderot, 94300 Vincennes, registered in the Register of companies of the CCI Paris Ile-de-France Est under the number, SIRET 831 680 814 00017, by Mrs Farah KARTIBOU, as managing, duly authorized for the purposes of the present.

The Company can be contacted by email by clicking the form of accessible contact via the page contact of the site or by calling the following number +33 6 13 27 06 27 (French number).

Below the “Seller” or the “Company”. On one hand, And the natural or legal entity proceeding to the purchase of products or services of the Company, Below, “the Buyer”, or “the Customer” On the other hand, it was exposed and been advisable that what follows:

 

INTRODUCTION

The Seller is publishing of products and services of remote sale (E-Boutique) exclusively aimed at consumers, marketed through its web site: https://kfarah.com.

The list and the description of goods and services proposed by the Company can be consulted on the above-mentioned sites.

 

Article 1: Object and general arrangements

The present General Terms and Conditions of Business determine the rights and duties of the parts within the framework of the on-line sale of Products proposed by the Seller.

The present General Terms and Conditions of Business (GTCB) applies to all the sales of Products, made through the web site of the Company which are integral part of the Contract between the Buyer and the Seller. The Seller saves himself the possibility of modifying the present, at any time by the publication of an updated version on its web site. The applicable GTCB then is the ones being effective in the date of the payment (or of the first payment in case of multiple payments) of the command. This GTCB is available for consultation on the web site of the Company at the following address: https://kfarah.com.

The Company also makes sure that their acceptance is clear and without reserve by setting up a checkbox and a click of validation. The Customer declares to have acquainted with all the present General Terms and Conditions of Business, and if necessary with Particular Conditions of Sale connected to a product or to a service, and to accept them without limitation nor reserve. The Customer recognizes that he benefited from advice and necessary information to make sure of the adequacy of the offer to his needs. The Customer declares to can contract legally by virtue of the French laws or validly of representing the natural or legal entity for which he makes a commitment. Unless proved otherwise the information registered by the Company establishes the proof of all the transactions.

 

Article 2: Price

The prices of products sold through the web site are indicated in Euros exclusive of tax and exactly determined on the pages of descriptions of Products. They are also indicated in Euros inclusive of all taxes (VAT + other possible taxes) on the page of order of products, and excluding charges specific of expedition. For all the products sent except European Union andor FRENCH OVERSEAS DEPARTMENTS AND TERRITORIES, the price is calculated exclusive of tax automatically on the invoice. Customs duties or other local taxes either import duties or taxes of state may be due in certain cases. These rights and naps do not recover within the competence of the Seller. They will be chargeable to the buyer and are of his responsibility (declarations), payment in competent authorities, etc.). The Seller invites as such the buyer to inquire about these aspects with the corresponding local authorities.

The Company saves itself the possibility of modifying its prices at any time for the future. The expenses of telecommunication necessary for the access to the web sites of the Company are chargeable to the Customer. If necessary also, the expenses of delivery.

 

Article 3: Conclusion of the online contract

The Customer will have to follow a series of specific stages in every Product offered by the Seller to be able to realize his order. However, the stages described below are systematic:

Information on the essential characteristics of the Product;

  • Choice of the Product, if necessary its options and the indication of the essential data of the Customer (identification, address …);
  • Acceptance of the present general terms of sale;
  • Check of the elements of the order and, where necessary, correction of the errors;
  • Follow-up of the instructions for the payment, and the payment of products;
  • Delivery of products.

The Customer will receive then confirmation by e-mail from the payment of the command, as well as an acknowledgement of receipt of the command confirming it. He will receive a .pdf copy of the present general terms of sale. For the delivered products, this delivery will be made at the address indicated by the Customer. For the purposes of good realization of the command, and according to the article 1316-1 of the Civil code, the Customer makes a commitment to supply his sincere elements of identification. The Seller saves himself the possibility of refusing the command, for example for any abnormal demand, realized in bad faith or for any justifiable motive.

 

Article 4: Manufacturing – Specific command

All our products are unique piece realized in the hand-made in a craft way.

The light differences of tints and execution (on the illustrations and the photos of the web site), sometimes inevitable in our manufacturing, can motivate neither refusal of the goods, nor claim in a discount on our prices.

An advance from 30 % to 50 % will be asked you for the realization of a custom-made room piece by respecting your specifications and the delivery deadlines. This procedure also applies for the creation of an event on request.

The detailed specifications are to be sent by clicking the form of accessible contact via the page contact of the site.

 

Article 5: Products and services

The essential characteristics of the properties, services and their respective prices are given to the buyer on the web sites of the Company. The Customer gives evidence to have received a detail of the expenses of delivery as well as the terms of payment, delivery and execution of the contract. The Seller makes a commitment to fulfill the order of the Customer within the limits of the stocks of available Products only. If not, the Seller informs the Customer about it. This contractual information is presented in detail and in English language. According to the French law, they are the object of a summary and a confirmation during the validation of the command. The parts suit that the illustrations or the photos of products offered to the sale have no contractual value. The duration of validity of the offer of Products as well as their prices is specified on the web site of the Company, as well as the minimal duration of the proposed contracts when these concerns a continuous or periodic supply of products or services. Except particular conditions, the rights granted in conformance with the present are it only to the signatory natural person of the command (or the person holder of the email address communicated).

According to legal requirements regarding conformity and regarding latent defects, the Seller pays off or exchanges the defective products or not corresponding with order. The refund can be asked by the way:

  • By clicking the form of accessible contact via the page contact of the site.
  • By indicating the reason of return.
  • On the way back, the product commanded for the most brief deadlines(extensions) the address of the Company. The sending is chargeable to the buyer.
  • From reception of the product; the refund will be made to you.
  • The returns of products are to be made in their home state and complete (packaging, accessories, note) so that they can be remarket in mint condition.

 

Article 6: Clause of property reserve

Products remain the property of the Company up to the complete payment of the price.

 

Article 7: Modalities of delivery

Products bought on the web site are ready for delivery in all the countries extras in the drop-down menu of the site.

Your command will be delivered to you at the address which you indicated us during your command. In case the delivery address is different from the billing address, it is advisable for the buyer to supply these two different addresses in the order form. It is also up to the buyer to supply any information useful for the delivery during its command to allow the carriers to proceed to the delivery.

This deadline does not consider the deadline of preparation of the command.

The Company chose as the delivery a private carrier, the delivery deadline is from 48 till 96 hours according to the department on the French territory. For the international parcel are forwarded by post in Colissimo, the delivery deadline is variable according to the country of destination.

For deliveries ” except standard “, the Company will choose another carrier.

The Company makes every effort to respect the delivery deadlines shortest possible and mentioned on the web site. Nevertheless, we cannot be held responsible for consequences due to a delay in delivery or to a loss of parcel caused by a third party or by your fact or because of an essential unpredictable and insuperable cause of a case of absolute necessity. All our goods are sold departure our workshops.

In case of delay in delivery, the Customer has the possibility to solve the contract in the conditions and the modalities defined in the Article L 138-2 of the Code of the consumption. The Seller proceeds then to the refund of the product and to the expenses “to go” to the conditions of the Article L 138-3 of the Code of the consumption.

In case of erroneous or incomplete information having pulled impossibility for the carrier to proceed to the delivery or in case of return of parcel for cause “unclaimed”, a second delivery will be made after the return by the carrier of the goods in the web site: https://kfarah.com this for the preliminary payment of the amount of new postal charges on behalf of the consumer. In case of not receipt of a parcel for the indicated deadlines, an investigation is led with the carrier and can set several days (ex: 21 days to the French Post office). During this period, no refund or dismissal can be made.

The commanded products are put back in the mailbox of the customer if this one allows it. Where necessary, a calling card is left so that the customer can get back his order. In case of refusal of the delivery by the consumer, this one will be paid off the amount of its order deduction made of postal charges pulled by the delivery.

Upon receipt of your order, we recommend you to verify the conformity of products delivered with your order and to indicate, where necessary, on the delivery slip and in the form of handwritten reserves accompanied by your signature, any anomaly concerning them.

 

Article 8: Availability and presentation

The commands will be handled within the limits of our available stocks or subject to available stocks at our suppliers. In case of unavailability of an article for period superior to 50 working days, you will immediately be prevented of predictable deadlines of delivery and the command of this article can be cancelled on simple demand. The Customer can then ask for credit note for the amount of the article or his refund.

 

Article 9: Payment

The payment is due immediately with order, including for products in pre-ordered. The Customer can make the payment by payment card or by transfer bank. Cards emitted by banks taken up residence outside France necessarily must be international bank cards (MasterCard or Visa).

The on-line secure payment by bank card is realized by our person receiving benefits of payment STRIPE. The passed-on information is coded according to the rule book and cannot be read during the transport on the network. STRIPEis an infrastructure of Internet payment secured; fully qualified teacher PCI level 1, the highest level of security. It allows the on-line payment without leaving your Internet application.

Once the payment thrown by the Customer, the transaction is immediately produced after check of the information. According to the article L. 132-2 of the monetary and financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to sell his card of the amount concerning the indicated price. The Customer confirms that he is good the legal holder of the card to be sold and that he is legally entitled to make use of it. In case of error, or of impossibility to sell the card, the Sale is solved immediately by rights and the cancelled command.

 

Article 10: Cooling-off period

According to the article L. 121-20 of the Code of the consumption, “the consumer has a deadline of fourteen true days to exercise his right to withdraw without having to prove motives or to pay of penalties, in the exception, where necessary, expenses of return”. “The deadline mentioned in the previous short paragraph as from the reception for the properties or from the acceptance of the offer for the services”.

The right to withdraw can be exercised by contacting the Company in the following way: by clicking the form of accessible contact via the page contact of the site.

We inform the Customers that according to the article L. 121-20-2 of the Code of the consumption, this right to withdraw cannot be exercised for the artistic creations in the section Shop/Art. In case of exercise of the right to withdraw for the above-mentioned deadline, only the price of one or several bought products and the forwarding charges will be paid off, the expenses of return stay chargeable to the Customer. The returns of products are to be made in their home state and complete (packaging, accessories, note) so that they can be remarket in mint condition; they owe if possible to be accompanied with a copy of the documentary evidence of purchase. According to legal requirements, you will find below the form-type of retraction to be sent to us to the following address: KARTIBOU Farah, 217 street Diderot, 94300 Vincennes.

Procedure of refund:

  • By clicking the form of accessible contact via the page contact of the site.
  • By indicating the reason of return.
  • On the way back, the product commanded for the most brief deadlines(extensions) the address of the Company. The sending is chargeable to the buyer.
  • From reception of the product; the refund will be made to you.
  • The returns of products are to be made in their home state and complete (packaging, accessories, note) so that they can be remarket in mint condition.

 

Article 11: Guarantees

According to the law, the Seller assumes two guarantees: of conformity and concerning the latent defects of products. The Seller pays off the buyer or exchanges the apparently defective products or not corresponding with order made. The request of refund must be made in the following way:

  • By clicking the form of accessible contact via the page contact of the site.
  • By indicating the reason of return.
  • On the way back, the product commanded for the most brief deadlines(extensions) the address of the Company. The sending is chargeable to the buyer.
  • From reception of the product; the refund will be made to you.
  • The returns of products are to be made in their home state and complete (packaging, accessories, note) so that they can be remarket in mint condition.

The Seller calls back that the consumer:

Have a lapse of three months as from the delivery of the property to act with the Seller.

  • That he can choose between the replacement and the repair of the good(property) subject to the conditions planned by the art. Apparently defective.
  • That it is dispensed of bringing the proof the existence of the defect of conformity of the property during three months following the delivery of the property.
  • That, except the second-hand properties, this deadline will be carried in 24 months as from March 18th, 2016.
  • That the consumer can also assert the guarantee against the latent defects of the thing sold to the sense of the article 1641 of the civil code and, in this hypothesis, he can choose between the resolution of the sale or the reduction of the sale price (provisions of the articles 1644 of the Civil code).

 

Article 12: Complaints

Where necessary, the Buyer can present any complaint by contacting the Company by clicking the form of accessible contact via the page contact of the site.

 

Article 13: Intellectual property rights

The brands, the domain names, the products, the software, the images, the videos, the texts or more generally any information object of intellectual property rights are and remain the exclusive property of the Seller. No transfer of rights of intellectual property is realized through the present GTCB. Any total or partial reproduction, modification or use of these properties for any reason whatsoever is strictly forbidden.

 

Article 14: Force majeure

The execution of the obligations of the seller in the term of the present is suspended in case of emergence of a coincidence or a force majeure which would prevent the execution from it. The seller will inform the customer of the emergence of such an event as soon as possible.

 

Article 15: Nullity and modification of the contract

If one of the conditions of the present contract was cancelled, this nullity would not pull the nullity of the other conditions which will remain current between the parts. Any contractual modification is valid only after an agreement written and signed by the parts.

 

Article 16: Data protection personal

According to the Data protection act of January 6th, 1978, you arrange rights of interrogation, access, modification, opposition and rectification on the personal data concerning you. By adhering to these general terms of sale, you agree that we collect and used these data for the realization of the present contract. By seizing your e-mail address on one of the sites of our network, you will receive e-mails containing information and exclusive offers concerning products published by the Company and his partners. You can unsubscribe anytime. It is enough to you for it to click on the present link at the end of our emails or to contact the person in charge of the treatment (the Company) by letter RAR. We make on the set of our sites a follow-up of the attendance. For that purpose, we resort to tools such as Analytics Googles.

 

Article 17: Restrictive Clause of responsibility

A restrictive clause of responsibility of the Seller for the realization of the service in the value of the product is stipulated.

 

Article 18: Applicable right

All the clauses appearing in the present general terms of sale, as well as all the operations of purchase and sale which are aimed at it, will be submitted to the French law.

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