TERMS AND CONDITIONS
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
1 – Preamble
www.kietla.fr is an e-commerce website accessible online to any person of age. It is published by Ki ET LA, SAS, a private limited liability company under French law with share capital of €48,000 and headquarters at Zone du Ragon Bât A2 – 28 Rue Louis Pasteur – 44119 TREILLIERES, registered with the NANTES Trade and Companies Register under Number 527 813 745.
It is hereby specified that the products offered on www.keitla.fr are reserved for consumers of age living in mainland France, Belgium, Germany, the Netherlands, Luxembourg, the United Kingdom, Ireland, Italy Spain, Portugal, Austria, Denmark, Hungary, Poland, Czech Republic, Latvia, Lithuania and intended for personal, not professional use by the user. In that regard, the attention of the internet user is drawn to the fact that orders may not exceed the amount of €300. The terms and conditions of sale shall be systematically brought to the attention of each internet user upon placing an order. It follows that placing an order entails full and unreserved acceptance of the terms and conditions to the exclusion of all other documents.
The present conditions apply throughout the time the services offered by Ki ET LA are online.
Ki ET LA reserves the right to modify the present terms and conditions of sale by publishing a new version on www.kietla.fr
The applicable terms and conditions are those in force on the date the order is placed.
2 – Pricing
The prices guaranteed are those displayed on www.kietla.fr at the time the order is placed. Prices are expressed in euros, including taxes and charges and the VAT rate in force on the day of the order. Any changes to rates may be reflected in the price of the products sold by Ki ET LA. Not all product prices include transport costs calculated automatically and indicated in the internet user’s cart based on the total amount of the order.
3 –Placing orders
– Your cart is your purchase order.
– You then need to register and create your account in order to confirm your first order. If you already have an account, enter your user name and password to access your account and then place your order
– If you decide to place an order, you should enter the information needed for invoicing, delivery of Ki ET LA products and familiarise yourself with the terms and conditions of sale and accept them. The information you give commits you upon payment of the order. Ki ET LA may not be held liable for failure to deliver the item(s) ordered if the delivery details are incorrect.
– After checking your delivery details, choose a payment method. Your order will be confirmed automatically and become an irrevocable undertaking given by you which may only be revoked in the cases provided for by the present terms and conditions (cf. cooling-off period).
4 – Confirmation of orders
After confirming the order in one click (electronic signature), www.kietla.fr automatically sends a confirmation message to the internet user, assuming that there are no errors in the email address contained in the registration form. The mail confirming that the order has been processed and the package sent will specify the package number and the link to the transporter’s site to track the delivery.
Ki ET LA reserves the right not to confirm orders in the event of:
- abnormal or abusive requirements,
- abnormal orders with respect to the quantities ordered,
- abnormal or abusive exchanges and returns,
- existing dispute(s) with the customer.
Ki ET LA shall inform you within 5 working days if we are not in a position to fulfil the order and ask you to modify or cancel it.
5 – Payment
Payment of the full price must be made upon placing the order. Payment have to be made by credit/debit card. We accept debit cards, Visa and Mastercard. We recommend this option as the most simple, fastest and secure choice. Your order will only be dispatched after receipt and confirmation of payment. Ki ET LA has adopted a fully secure payment system, fully guaranteed by CIC. Online payment by bank card uses the SSL (Secure Socket Layer) protocol via the CIC Monetico system. Information provided is encrypted by software and cannot be read during network transmission. Encryption is indicated by a padlock displayed in your browser. Also, when you enter your bank details (card number, expiry date, CSC code), the http address becomes a https address (“s” is for security).
The order is taken for the payment which is irrevocable, due immediately, net and with no discount applicable. In the event of any delay, incident or late payment, late payment interest at 1.5 times the legal interest rate under Law 2001-420 of 15/05/2001 Article 53 II published in the Official Journal on 16/05/2001 shall apply.
6 – Reservation of ownership
The merchandise shall remain under full ownership by Ki ET LA until definitive receipt of the full price for the products ordered and other additional costs.
All orders registered on the website from Monday to Thursday will be processed the following day. All orders placed from Friday to Sunday will be processed the following Monday and Tuesday; orders placed on public holidays will be processed on the next working day.
Internet users may not cancel orders under way.
Ki ET LA may not be held liable if an incomplete or incorrect address is provided by the user. In the event that the postal service returns the package to Ki ET LA (within the usual 20 day period) Ki ET LA will refund the order (price of the Product plus delivery costs) within 15 days as of receipt of the Products by Ki ET LA.
Orders will not be dispatched a second time. The customer is responsible for placing a new order with the correct delivery address.
8- Delivery Costs
The costs of preparing and dispatching an order are calculated based on the total weight of the order. Delivery costs including packaging, handling and postage. Delivery costs are displayed in the cart, and calculated automatically upon adding each product.
Table of delivery costs based on the total weight of the order:
|France||51g à 250g||So Colissimo Domicile (not signed for)||2,60€|
|France||251g – 500g||So Colissimo Domicile (not signed for)||3,80€|
|France||501g – 3Kg||So Colissimo Domicile (not signed for)||4,50€|
|Zone 1||<500g||So Colissimo International||6,05€|
|Zone 1||501g – 1Kg||So Colissimo International||7,05€|
|Zone 2||<500g||So Colissimo International||6,75€|
|Zone 2||501g – 1Kg||So Colissimo International||8,15€|
|Zone 3||<500g||So Colissimo International||6,80€|
|Zone 3||501g – 1Kg||So Colissimo International||8,20€|
Zone 1 : Germany, Belgium, the Netherlands, Luxembourg
Zone 2 : Italy, Ireland, Spain, Portugal, UK, Austria
Zone 3 : Denmark, Hungary, Poland, Czech Republic, Slovakia, Slovenia, Estonia, Latvia, Lithuania
Dispatch by the postal service of your order in mainland France can vary from 3 to 4 days and 7 to 8 days for other European countries as of the date you order the product.
The delivery periods depend on the mode of transport chosen when placing the order.
Delivery via Colissimo is completed via direct delivery of the product to the recipient. We advise you to check the contents and condition of the package upon receipt.
Ki ET LA may not be held responsible for delays by the postal service.
9 – Condition of the package upon delivery
Upon receipt of your package, if you notice that the packaging is damaged, you can:
-refuse the package, it will be returned to the sender directly;
-request that it is returned to the post office so that you can open it in the presence of an approved postal officer.
If your package has been accepted by a third party, we would invite you to fill out the post office contact form, or to lodge a claim with them.
If the recipient of the package is absent at the time of delivery, a delivery notification will be left indicating where and when the package can be collected. The package will be kept by the post office for 15 calendar days. If the package is not collected within the period required by the carrier, the items will be returned to Ki ET LA, which reserves the right to charge the price of the products and delivery costs.
We would advise you to notify any disputes concerning transport (breakages, defects, damaged packaging, etc.) within 24 hours to the carrier.
In the event of late delivery, check the progress of your tracking number with your carrier or post office, to check whether the package is being delivered. If needed, you can contact Ki ET LA via the online form by clicking here.
10 – Cooling-off period, returns and exchanges
Customers may return products within 14 working days as of the date of the order, without giving a reason or incurring a penalty.
Customers must follow each step in the following procedure for all returns during the cooling-off period:
- the Client must attach the previously filled out and printed Returns Form available by clicking here. This form is also accessible from your customer account under “My Orders”. Returns will not be accepted without the duly filled out returns form.
Items must be returned unworn and in perfect condition in their original packaging, with their label and any accessories, to the following address: Ki ET LA France – Zone du Ragon Bât A2 – 28 Rue Louis Pasteur – 44119 TREILLIERES – France.
- The Customer shall be all return delivery costs and risks.
Subject to the conditions set out above, Ki ET LA will reimburse the amount of the order (price of the product + delivery costs) to the Customer (including VAT), excluding return costs. The Customer’s bank account will be credited with that amount within fifteen (15) days as of the receipt of the products by Ki ET LA.
Items returned may only be refunded. If you wish to return an item to change size or colour, or in exchange for another item, place a new order and send back the original product so that Ki ET LA can process the refund.
11 – Claims
The Customer is required to check that the correct items are received at the time of delivery. Any problems such as:
- delivery of the wrong products,
- products with defects,
must be notified to Ki ET LA within 14 days of receipt of the order.
After 14 days, with the exception of latent defects, no claims will be accepted by Ki ET LA, and the products will be deemed to be compliant.
In both cases cited above, the Client must follow the following procedure:
– contact Ki ET LA customer service via the form by clicking here to confirm that the product is not correct or defective.
Where an incorrect or defective product has been delivered, Ki ET LA will offer the Customer either:
- a replacement of the item(s) by Ki ET LA,
- a refund of the price of the order (price of the items plus delivery costs), at the latest within fifteen (15 days) as of receipt of the incorrect item returned to Ki ET LA. Ki ET LA shall be responsible for returning items (return slip with prepaid delivery).
The Customer must attach a completed, printed return slip to the package using the return form linked here, which may also be accessed from your customer account under “My Orders”. Returns will not be accepted without the duly filled out returns form.
Items must be returned in their original packaging, with the label and any accessories, in resaleable condition, to the following address: Ki ET LA FRANCE – Zone du Ragon Bât A2 – 28 Rue Louis Pasteur – 44119 TREILLIERES – France.
For Ki ET LA products purchased in partner sales points or e-commerce sites, other than www.kietla.fr, the customer should contact the sales point or e-commerce site directly for any claims.
12 – Dispute resolution
In the event of a dispute, the Customer should contact Ki ET LA directly in order to reach an amicable solution, by post:
Ki ET LA FRANCE– Zone du Ragon Bât A2 – 28 Rue Louis Pasteur – 44119 TREILLIERES or via the contact form available in the section available here.
Both parties undertake to seek an amicable resolution to any disputes before submitting the case to the competent Court. In the event of failure to reach an amicable agreement, the parties expressly agree that the contract shall fall within the exclusive competence court located in the jurisdiction of the Ki ET LA company, even in the event of substitution of parties or if there is more than one defendant.
13 – Warranties
In accordance with Article 4 of Decree n°78-464 of 24 March 1978, the provisions of the present agreement shall not exclude the application of the minimum warranty whereby the seller is required to guarantee you against all latent defects in the item sold.
Furthermore, the use of products, services and information offered by Ki ET LA in no way substitute constant adult supervision.
Ki ET LA sunglasses frames come with an “unbreakable” warranty – the frame is constructed in one piece with zig zag technology which replaces traditional hinges.
Ki ET LA’s ‘unbreakable’ warranty applies when the product is used under normal conditions for the intended purpose. All defective products returned shall be inspected and approved by Ki ET LA before the product is replaced (see Article 10 – Returns and exchanges). The warranty is valid for all countries in the European Union.
Ki ET LA sunglass lenses are designed to be clipped on and off easily and can be replaced by lenses that are adapted to your child’s eyesight. Ki ET LA advises you to seek the advice of your optician to adapt the lenses.
Ki ET LA may not be held responsible should the customer lose the product or accessories, and no customer service will be offered to exchange or refund a lost product.
14 – Confidentiality
We ensure that all personal information provided is kept confidential.
In accordance with the French Data Protection Act (n°78-17 of 6 January 1978), you are entitled to access and rectify your personal data. You can exercise this right by sending a letter to the following address. Ki ET LA FRANCE – Zone du Ragon Bât A2 – 28 Rue Louis Pasteur – 44119 TREILLIERES or via the contact form available here.
During registration, when placing an order, or in the context of other specific operations, Ki ET LA may offer you the option to receive newsletters and promotional offers. You can modify your subscription by sending “STOP MAIL” to firstname.lastname@example.org.
Ki ET LA undertakes to take into account opt-ins and opt-outs to our marketing emails in good time, depending on the data processing required.
Please note that automatic processing of information, particularly management of your email addresses is notified to the CNIL (French data protection authority).
15 – Intellectual Property
www.kietla.fr is designed and managed by Ki ET LA SAS, a limited liability company under French law.
All visual elements on www.kietla.fr, including the underlying technology are protected by copyright, trademarks and patents. They are the property of Ki ET LA.
Users who have a personal website and wish to place a direct link to the homepage of Ki ET LA on their website, must request authorisation from Ki ET LA. In any case, any links, even if tacitly authorised, should be withdrawn on request from Ki ET LA.
Reproduction of the elements comprising the website, their use and availability to third parties is formally forbidden and will be pursued systematically.
16 – Severability clause
Changes in legislation, regulations or judicial decisions rendering one or more of the clauses of this agreement invalid shall not affect the validity of the present terms and conditions of sale. Such changes or findings shall in no way dispense the Customer from the requirement to abide by the terms and conditions of sale.
If a particular clause was not specifically mentioned, it shall be regulated by usual practice in the distance-selling sector in France.