Terms and conditions of sale
The provisions below constitute a contract establishing the general conditions of distance selling of products from the KABIOCA.com e-commerce website concluded between: a trader registered in France and a consumer in the context of a distance selling system.
AUTHOR OF THE OFFER
51 boulevard de la République
Espace Lumière – Bâtiment 4
SIREN NUMBER: 378 528 863
E-mail address: firstname.lastname@example.org
Prices are indicated in euros, all taxes included. The prices are those in force on the day of the order. They take into account the VAT applicable on the day of the order. Any change in the VAT rate will be automatically reflected in the prices. For all deliveries outside the territory of the European Union, customs taxes and formalities are, unless otherwise indicated, the exclusive responsibility of the customer who undertakes to check the possibilities of importing the products into the country of delivery.
Placing an order implies the Customer’s full and irrevocable acceptance of these general terms and conditions of sale. Any order by the Customer constitutes acceptance of the prices and description of the products available for sale. The sale will be considered final only after KABIOCA.com has sent the Customer confirmation of the order and the Customer has paid the full price. The automatic recording systems of the site are considered as proof of the sales contract and its date. KABIOCA.com undertakes to honour the orders received on the website only within the limits of available stocks of products. If the product is not available, KABIOCA.com undertakes to inform the Customer as soon as possible.
- By credit card: The validation of the order by means of the credit card number and the expiry date is a mandate to pay the total amount of the order. The data relating to the credit card is only kept for the time the order is processed (secure communication protocol).
- By PayPal: PayPal is the world leader in online payments. PayPal encrypts and protects your card number, PayPal allows you to pay online without disclosing your financial information during the transaction, we do not store any credit card details.
- By bank transfer: Our bank details are shown to you when you confirm your order on the website. Your order will be shipped upon receipt of the bank transfer.
The acceptance of the order and its processing will only be effective upon receipt of the payment.
The following contractual information will be the subject of a confirmation e-mail after validation of the order by the customer containing the following information:
• The unique order number
• The total amount of the order, its price including or excluding VAT and the amount of delivery costs
• The payment method chosen by the Customer
• The delivery address
• The identity and references of the merchant
The order duly accepted by KABIOCA.com under the conditions recalled in point 4 of these General Terms and Conditions of Sale will be executed within 2 days at the latest (this is a maximum time, orders are usually processed the same day). In case of unavailability of the ordered product, the Customer will be informed as soon as possible and will have the possibility to cancel his order. The Customer will then have the choice of requesting either an exchange of the product or a refund within 30 days of the date of the request.
All orders will be delivered in a closed, solid and discreet package to the address indicated by the Customer. Only paid orders will be shipped. Furthermore, KABIOCA.com reserves the right to refuse any order from a customer with whom there is an ongoing dispute. Upon delivery, the Customer is required to check the condition of the packaging and the goods and in case of damage, to make reservations immediately on the transport note, as well as to the Customer Service of KABIOCA.com by e-mail, or by using the contact form.
In case of return of the package for any reason whatsoever, the customer is notified by mail. Without a response from the customer within 15 days after the sending of this email, the package will be considered as abandoned.
Deliveries are made via independent carriers but always have a tracking number so that you can follow the progress of your package.
The shipping costs represent the shipping and insurance costs, which are calculated according to the weight of the products and our packaging costs. No claim after receipt can be received by KABIOCA.com on the amount of shipping costs.
Our carrier is the post office (Colissimo). The tracking numbers are sent to you with the shipping notice automatically by our system.
In case of non-conformity or defect of the product delivered, the Customer must inform the Customer Service of KABIOCA.com by e-mail (contact), which undertakes to remedy the problem as soon as possible. In any event, KABIOCA.com assumes towards the Customer, the responsibility for the products delivered in accordance with the regulations in force, and guarantees, consequently, it against any claim or demand, judicial or amicable, resulting both from damage caused to property and damage caused to persons, due to the said products. KABIOCA.com also guarantees, in accordance with the legal provisions, the Customer against any hidden defect affecting the products delivered and making them unfit for use, as well as the harmful consequences resulting from it. All our articles are guaranteed for 14 days from the date of purchase. Only items in their original packaging will be returned. The shipping costs will be charged to the customer.
In application of the provisions of articles L 121-16 and following of the Consumer Code, the consumer has a withdrawal period allowing him/her to renounce his/her purchase within 14 clear days from the date of delivery. It is imperative that he/she informs us beforehand of his/her intention to return the parcel within the framework of the exercise of his/her right of withdrawal by contacting us via our contact form. The products must not have been used, they must be returned to the company KABIOCA.com at the expense of the consumer and under his responsibility, in charge for him to proceed with the insurance of transport, in perfect condition for resale, in their original packaging and showing no trace of shock or malfunction. Consumable products can only be returned and exchanged if they are in perfect condition and unopened. Subject to compliance with the above provisions, the company KABIOCA.com will refund the amount of the products ordered on the order form (the return costs are borne by the customer) within 14 working days of receipt of the products (legal deadline).
No refund will be made if the products are not in their original packaging, which must be perfectly intact. In application of articles L 121-16 and following of the Consumer Code, professionals cannot claim either the right of withdrawal or the “satisfied or reimbursed” guarantee.
Returns can ONLY be made after a request for return has been made via our Contact form and after having explained the reason for the return. The consumer has 14 clear days from receipt of the parcel to make the request. Only returns of perfectly intact products are accepted (with the exception of returns motivated by a product malfunction).
No return will be accepted without prior request and agreement by email.
The risks of transport are entirely at the sender’s expense, and it is therefore up to him to take all necessary steps to ensure the safety of the delivery, in particular by insuring his shipment. The return costs are entirely at the expense of the sender, except in the case where the return is motivated by an error of the company KABIOCA.com in the preparation of the order. Any return of product concerning a product not properly packaged, whose packaging would have been opened or which after examination would not be defective, can not be accepted. It will then be up to the sender to recover the package at his expense.
The information requested from the Customer is necessary for the processing of the order and may not be communicated to third parties. In accordance with the French law “Informatique et Libertés” of 6 January 1978, the Customer may oppose such communication and has the right to access, modify, rectify and delete personal data concerning him/her. To exercise this right, contact email@example.com.
In accordance with article L.223-1 of the French Consumer Code, you may register on the “opposition to telephone canvassing” list https://conso.bloctel.fr/
KABIOCA.com guarantees that the encryption methods and services used to secure transactions have been authorised or declared in accordance with the legislation in force.
The KABIOCA.com website is encrypted with SSL technology
SIGNATURE & PROOF
The validation of the order associated with the authentication procedure and the protection of the integrity of the messages constitutes an electronic signature having the same value between the parties as a handwritten signature. The computerized registers, kept in the computer systems of KABIOCA.com in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of orders and invoices is made on a reliable and irreversible medium so as to correspond to a faithful and durable copy, in accordance with Article 1348 of the Civil Code.
All texts, comments, works, illustrations, photos and images reproduced on the sites published by KABIOCA.com are reserved under copyright and intellectual property for the whole world. As such and in accordance with the provisions of the Code of Intellectual Property, only the use for private use is authorized, subject to different and even more restrictive provisions of the code of intellectual property. Any other use constitutes an infringement and is punishable under the Intellectual Property unless prior written permission of KABIOCA.com. Any total or partial reproduction of the sites published by KABIOCA.com is strictly forbidden.
COMPLETENESS OF THE CONTRACT
If, for any reason, one of these general conditions should be declared inapplicable, this inapplicability shall not affect the application of the other provisions of the general conditions, the provision deemed inapplicable then being replaced by the closest possible provision.
Neither KABIOCA.com, nor the Customer, shall be held responsible for any non-performance that would have its origin in a case of force majeure, beyond their control, including but not limited to cases of war, riot, insurrection, interruption of transport, import or export problems, strike, shortage, fire, earthquake, storm, flood. The Customer is solely responsible for the choice of products, their conservation and their use by himself or by a third party.
DISPUTES, APPLICABLE LAW AND CONSUMER MEDIATION
Any dispute relating to the execution of an order and/or the interpretation of these general conditions is subject to French law.
In the event of a dispute relating to the interpretation or execution of the agreed agreements, an amicable solution will be sought before any legal recourse.
In accordance with the provisions of Articles L 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and has not obtained satisfaction or a reply within two months, he may submit his complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum of one year from the initial complaint.
The CMAP mediator (Centre de Médiation et de l’Arbitrage) can be contacted directly online at the following address: www.cmap.fr or by e-mail: firstname.lastname@example.org or by post: CMAP – 39 av Franklin Roosevelt – 75008 PARIS