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Ki et la

General terms and conditions of sale

Preface

The sales site www.kietla.fr (hereinafter referred to as the “Site”) is an electronic commerce site accessible through the Internet and open to any adult person (hereinafter referred to as the “Internet User”).

 

It is published by the company Ki ET LA, SAS (simplified joint-stock company) (hereinafter referred to as ‘Ki ET LA’) with a capital of €48,000, whose head office is located at Zone du Ragon, Bât A2 – 28 Rue Louis Pasteur – 44119 TREILLIERES – FRANCE, registered in the NANTES Trade and Companies Register under the following number: 527 813 745. To reach Ki ET LA by email, go to the “Contact” section of the website.

 

The Internet User who has validated an order is then referred to as the “Purchaser”.

 

It is specified that the products available on the Site are reserved for adult individuals residing in Metropolitan France (excluding Overseas Departments and Territories), Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Vatican and the United Kingdom and are intended for the personal, and not professional, use of the Internet User. In this respect, the Internet User’s attention is particularly drawn to the fact that the amount of the order must not exceed the sum of €300 including taxes.

 

These general terms and conditions of sale (hereinafter referred to as “GTCS”) are systematically brought to the attention of each Internet User when placing an order. Consequently, the validation of an order implies the Purchaser’s full and unreserved acceptance of these general terms and conditions of sale.

 

Ki ET LA reserves the right to modify these GTCS at any time by publishing a new version on the e-commerce Site www.kietla.fr.

 

The applicable GTCS shall be those in force on the order date.

 

In addition, for each purchase of products on the Site, the Purchaser will be requested to confirm the acceptance of these GTCS in force on the order date.

Articles

ARTICLE 1 – SUBJECT

The purpose of these terms is to define the rights and obligations of Ki ET LA and the Purchaser in the case of the online sale of products offered on the www.kietla.fr website (hereinafter referred to as “Products”). They apply for the entire duration of the products’ online availability and to the exclusion of any other document.

 

ARTICLE 2 – PRODUCTS

The Products available are those shown on the website www.kietla.fr on the day the Internet User visits the site.

Products are offered within the limits of available stock.

 

Although the availability of the Products is regularly updated, Ki ET LA cannot be held liable in case of insufficient stock, and no compensation whatsoever can be claimed by the Internet User from Ki ET LA.

 

Ki ET LA agrees, however, to inform the Purchaser by email of the unavailability of Products within five (5) working days of the order date.

 

The Purchaser will have the option to cancel or modify the order by selecting another available Product. In the event of a cancellation, the payment will be refunded within ten (10) working days of the date of the Purchaser’s decision.

 

Ki ET LA shall not be held liable for stock shortage or product unavailability for orders not yet accepted by Ki ET LA.

 

Ki ET LA reserves the right to change the Products on the Site at any time without notice.

 

In order to ensure a better quality of service and availability of its Products to all Purchasers on the Site, Ki ET LA reserves the right to limit the quantity of Products that may be bought by a Purchaser, in accordance with the applicable provisions in this regard and in particular those of Article L.121-11 of the Consumer Code.

 

Ki ET LA provides photos and images of each Product on its website. They are provided for illustrative purposes only. The Internet User is encouraged to also refer to the detailed product description in addition to the visuals. Despite the care taken in putting them online, slight variations, independent of the main characteristics of the products, may exist and may depend on many factors, including screen configuration. Ki ET LA holds no responsibility for these variations.

 

The Purchaser is encouraged to read and comply with the information provided with the products. The Purchaser commits to use the Products according to their intended purpose. Ki ET LA cannot be held responsible for the misuse of Products.

ARTICLE 3 – PRICES

Product prices are expressed in euros including taxes and take into account the VAT applicable on the day of the order. Any rate change may be passed on to the price of the products sold by Ki ET LA.

 

Prices do not include postage & packaging costs, described in Article 9, which are automatically calculated and indicated in the Internet User’s basket according to the total amount of the order.

 

Ki ET LA reserves the right to change its prices at any time, however it is agreed that the price of the order on the day of its confirmation is the final price.

 

Products are invoiced on the basis of the prices displayed on the Site at the time of placing the order, subject to the availability of the Products ordered at that time.

 

All orders are payable in euros and must be paid for immediately at the time of placing the order.

 

If certain Products ordered are not available (see Article 2 “Products”), only the price and postage costs for the available Products will be charged.

ARTICLE 4 – ORDER TAKING

The Internet User wishing to place an order must:

  • Select the desired product(s) by adding them to the shopping basket and click on “Confirm order” to order the products. The basket will thus constitute the order form.
  • Sign in, either with a username or email and password if the Purchaser has already created an account (the Purchaser has the option of creating an account to facilitate his/her next order), or by directly entering the information required for the billing and delivery of Ki AND LA products. The information provided will then commit the Purchaser to completing payment for the order. Ki ET LA cannot be held responsible for the inability to fulfil the order if the information supplied by the Purchaser is missing and/or incorrect.
  • Check the order: the Purchaser must verify the content of the order, the total price, the delivery and billing addresses, while maintaining the right to remove a Product or change the billing and delivery addresses.
  • Read and accept the general terms and conditions of sale by ticking the appropriate box.
  • Choose your payment method. The order is automatically validated and constitutes an irrevocable commitment on the part of the Purchaser, which can only be called into question in the limited cases provided for by these conditions (see right to rescind).

ARTICLE 5 – ORDER CONFIRMATION

After confirming the order with a click (electronic signature), the Site www.kietla.fr automatically sends a confirmation email to the Purchaser, provided that the email address indicated in the registration form does not contain any errors. The email confirming the order and dispatch of the package will specify the package number and the link to the website for delivery tracking.

 

Ki ET LA reserves the right to reject the order in case of:

 

  • abnormal orders in terms of quantities ordered,
  • existing dispute(s) with the customer,
  • Total or partial non-payment of a previous order or ongoing order.

 

Ki ET LA cannot then be held liable.

 

Ki ET LA has five (5) working days to inform the Purchaser that it cannot honour the order and request him/her to make a modification or cancel.

ARTICLE 6 – PAYMENT

The payment of the full price is due at the moment of ordering. It is to be completed by credit/debit card. The company Ki ET LA accepts credit/debit cards, Visa and Mastercard. The Purchaser’s order is only dispatched after receipt and validation of payment.

 

Ki ET LA has adopted a fully secure payment tool, entirely guaranteed by CIC financial services. Online card payments use the SSL (Secure Socket Layer) protocol via the CIC financial services Monético system. The information transmitted is encrypted by software and cannot be read during transmission over the network. Encryption is assured by software when the Padlock symbol appears in the Purchaser’s browser. In addition, when the Purchaser enters bank details (card number, expiry date and CVV), the URL address is in https (the “s” indicating security).

ARTICLE 7 – RESERVATION OF OWNERSHIP

The goods remain the full property of Ki ET LA until the final receipt of the full amount corresponding to the ordered products and other additional costs.

 

On the other hand, the Purchaser assumes the risks (including loss, theft or damage) to the Products delivered from the moment they are delivered to the address indicated at the time of ordering.

ARTICLE 8 – DELIVERY

All orders placed on the website from Monday to Thursday will be processed the following day. Orders placed on Friday, Saturday and Sunday will be processed on the following Monday and Tuesday. Orders placed on bank holidays will be processed on the next business day.

 

The purchaser cannot cancel an order that is being processed.

 

The company Ki ET LA delivers its products via its transport provider, La Poste.

 

In the event that a package is returned to Ki ET LA due to the receiver’s failure to collect or an incorrect delivery address communicated by the Purchaser, Ki ET LA will complete a total refund of the order (price of products excluding delivery costs) within ten (10) working days of receipt of the package by Ki ET LA.

 

No additional delivery attempt will be made. It is up to the Purchaser to place a new order, taking care to complete the delivery address correctly.

 

ARTICLE 9 – DELIVERY COSTS

Postage and packaging fees are calculated according to the total weight of the order. Shipping costs include packaging, handling and postal charges, which vary depending on the destination country. They are displayed in the shopping basket, and calculated automatically each time a product is added.

 

La Poste’s shipping times may vary from 3 to 4 working days for Metropolitan France and Belgium, and from 7 to 8 working days for European countries in Zone 1, 2, 3 and 4. These time frames are communicated for reference purposes only.

 

  • Zone 1: Germany, Luxembourg, The Netherlands
  • Zone 2: Austria, Ireland, Italy, Portugal, San Marino, Spain, Vatican City, the UK
  • Zone 3: Czech Republic, Denmark, Estonia, Hungary, Latvia, Liechtenstein, Lithuania, Poland, Slovakia, Slovenia, Sweden
  • Zone 4: Bulgaria, Croatia, Finland, Greece, Malta, Romania

 

Ki ET LA cannot be held responsible for any delay incurred by La Poste.

 

In the event of such a delay, there will be no cancellation of the order, no reduction of the price paid by the Purchaser and no payment of damages as specified in certain specific cases (e.g. Products marketed in pre-sale), the above time frames may be longer.

 

However, and in accordance with the provisions of Article L. 121-20-3 of the Consumer Code, if no delivery is made within 30 days of the order date, the Customer shall have the right to cancel it without charge. The amount paid will then be refunded.

 

Where possible, Ki ET LA reserves the right to offer the Purchaser a Product of equal quality and price to the original product.

 

If the order reaches a certain volume, Ki ET LA may send the Products to the Purchaser in several deliveries and/or several packages.

ARTICLE 10 – STATE OF THE PACKAGE UPON DELIVERY

Upon receipt of the package, if the Purchaser considers that the packaging shows signs of deterioration, he/she may:

 

  • either refuse the package, it will then be returned directly to the sender;
  • or request that it be made available at a post office in order to open it in the presence of an authorised agent.

 

If the package is accepted by a third party, we invite the Purchaser to contact their local postal service and/or to make a claim.

 

If the receiver is not present at the time of delivery, a delivery notice will be left indicating where and when to collect the package. The Purchaser should check with his/her local postal service to find out how long the package will be stored. In the event that the package is not recovered within the time limit set by the local postal service, the package will be returned to Ki ET LA, which reserves the right to refund the price of the products.

 

In case of a dispute concerning transit (breakage, damage, damaged packaging…), it is recommended that the Purchaser report it to the concerned postal service within 24 hours.

 

In the event of a delay in delivery, the Purchaser must contact the local Post Office with the tracking number as a matter of priority, to check if the package is not out for delivery. The Purchaser can also contact Ki ET LA using the following form https://www.kietla.fr/besoin-daide-formulaire-de-contact/.

ARTICLE 11 – RIGHT TO RESCIND, RETURN AND EXCHANGE

The Purchaser has 14 working days from the date of receipt of the order to return the Products ordered, without justification or penalty.

 

For any return under the right to rescind, the following procedure must be fully respected:

 

  • The Purchaser must attach the printed and completed return voucher, which is available at https://www.kietla.fr/bon-de-retour/, to the package. This form is also accessible from your customer account – “My Orders” section. No return will be accepted without the aforementioned completed Return voucher.
  • The Products must be returned in their original packaging, with the tag and any accessories, in pristine condition to: Ki ET LA SAS – Zone du Ragon Bel A2 – 28 Rue Louis Pasteur – 44119 TREILLIERES – France.
  • The Purchaser shall bear all risks and return charges.

 

Subject to the conditions mentioned above, Ki ET LA will refund the cost of the order including tax to the Customer (Product price and delivery costs) without return charges. The Purchaser’s bank account shall be credited with the said amount within fifteen (15) days of receipt of the Products by Ki ET LA.

 

Items are only returned for refund. If you wish to return an item to change size, colour or exchange it for another product, place a new order and return the original item for Ki AND LA to refund.

 

ARTICLE 12 – CLAIMS

Upon delivery, the Purchaser is required to check the conformity of the Products received in relation to what was ordered. Any anomaly such as:

 

  • products not in conformity with the order,
  • faulty goods,

 

must be declared and justified to Ki ET LA via the form available at https://www.kietla.fr/besoin-daide-formulaire-de-contact/ within 14 days of receipt of the order. After this period, and except in the case of latent faults, no claim will be accepted by Ki ET LA, the products being deemed to be in conformity.

 

Once the non-compliance or defect has been noted, Ki ET will propose to the Purchaser:

 

  • either a replacement of the product(s) courtesy of Ki ET LA,
  • or the refunding of the price of the order (price of the Products and delivery costs), not later than fifteen (15) days from the receipt of the non-compliant product by Ki ET LA. The return of the non-compliant product will then be the responsibility of Ki ET LA (via a pre-paid return slip).

 

The Purchaser must use the return form and attach the pre-completed and printed return voucher to the package. No return will be accepted without the completed return voucher.

The Products must be returned in their original packaging, along with their tag and any accessories necessary for their re-marketing, to the following address:

 

Ki ET LA SAS – Zone du Ragon Bed A2 – 28 Rue Louis Pasteur – 44119 TREILERES – France

 

In the case of a purchase of Ki ET LA products at a partner point of sale or on a partner e-commerce site other than www.kietla.fr, the customer must contact the point of sale or e-commerce site directly for any claim.

ARTICLE 13 – GUARANTEES

Article 13.1 – Legal guarantees

The Products sold by Ki ET LA are subject to the conditions of legal guarantees laid down in articles L.217-4 to L.217-14 of the Consumer Code and articles 1641 to 1648 of the Civil Code.

 

Ki ET LA will not accept any claim relating to Products that have been used improperly.

 

Any claim concerning the Products and as such and without links to the delivery must be made by registered letter with proof of delivery to customer services at the following address: Ki ET LA SAS – Zone du Ragon Bel A2 – 28 Rue Louis Pasteur – 44119 TREILLIERES – France.

 

In case of lack of conformity and/or latent defects acknowledged by Ki ET LA, if the Purchaser wishes to return the Product, it must be sent to the following address: Ki ET LA SAS – Zone du Ragon Bât A2 – 28 Rue Louis Pasteur – 44119 TREILLIERES – France. The Purchaser must have obtained a return number from customer services in advance as well as any postage details. No packages will be accepted without a return number. This number must be clearly stated on the package.

 

 

 

Legal guarantee of compliance:

Ki ET LA will deliver to the Purchaser a Product in conformity with the order and free of defects when said Product is delivered, in the sense that the Product will be suitable for the intended use of a similar item and that it will have the characteristics presented at the time of the sale.

 

Ki ET LA also responds to lack of conformity resulting from packaging and instructions for use.

Legal guarantee of latent defects:

Ki ET LA will provide the Purchaser with a Product free of latent defects that would make it unfit for the intended use, or which would diminish said use, to an extent that it would only have been purchased at a lower price or not at all had said defects been known.

 

These guarantees will only be in place on the condition that the Purchaser states the demand within 24 months of receipt of the Product (for the legal guarantee of compliance) or upon discovery of the defect (for the legal guarantee of latent defects).

Defects of conformity that appear within 24 months of delivery are presumed to have existed at the time of delivery, unless proven otherwise.

In the event of acknowledged lack of conformity concerning a Product sold by Ki ET LA, the Purchaser may choose between the repair or replacement of the Product unless one of these choices results in a manifestly disproportionate cost to Ki ET LA. If the repair or replacement of the Product is impossible, the Purchaser may be refunded the price paid and return the Product, or keep the Product and receive a partial refund, unless the non-conformity is minor.

In the event of a latent defect noted on a Product sold by Ki ET LA, the Purchaser will have the choice to return the Product and have the price and expenses incurred by the sale returned or to keep the Product and receive a portion of the price returned.

In any case, it is the responsibility of the Purchaser to prove that the conditions of the guarantee are met.

 

The return, replacement or refund of the Product shall be made at no cost to the Purchaser.

Article 13.2 – Contractual guarantees for the “0 to 6 years” range

Ki ET LA reminds you that the products, services and information offered by Ki ET LA do not in any way substitute for the constant vigilance of adults.

Ki ET LA sunglasses frames and lenses are guaranteed unbreakable for a period of 3 years, thanks in part to their single piece frames and the “zigzag” technology that replaces traditional hinges.

 

The Ki ET LA unbreakable guarantee applies when the product is used under normal conditions and for the intended purpose. All defective product returns will be subject to inspection and approval by Ki ET LA before a product is replaced (see Article 10- Return and Exchange). This guarantee is valid for European Union countries.

 

Ki AND LA sun lenses are designed to be easily removed and put back so that they can be replaced by vision correction lenses. Ki ET LA advises you to ask your optician for advice for changing your sun lenses.

 

In the event that the customer loses the product or its accessories, Ki ET LA will not be held liable, and no after-sales service will be available to exchange or refund the lost product.

ARTICLE 14 – FORCE MAJEURE

Force majeure refers to all unavoidable and unforeseeable external circumstances beyond the reasonable control of the concerned party.

 

In the event that Ki ET LA is prevented or delayed in the execution of its commitments by a force majeure, Ki ET LA undertakes to inform the Purchaser within 72 hours, specifying the precise elements constituting the force majeure, and the reasonable expected duration of the delay or impediment.

 

Ki ET LA will then no longer be liable for failure to comply or for late fulfilment of its obligations, but undertakes to make its best efforts to resume full compliance without delay.

 

In such a case of force majeure, Ki ET LA may at its discretion terminate the order or any part of it, without any commitment of responsibility, but only to reimburse the Purchaser for the sums already paid. In no way may the Purchaser invoke a case of force majeure to avoid, even temporarily, an obligation to pay a sum of money.

ARTICLE 15 – PERSONAL DATA

The order process on the Site requires the communication of the User’s personal data.

 

This data is processed in strict compliance with the provisions of the French “Information and Freedom” law n°78-17 of 6 January 1978 and the regulation (EU) 2016/679 known as General Data Protection Regulation (GDPR).

 

All the purposes and methods of data processing are described in the Privacy Policy, which can be accessed by clicking on the following link: https://www.kietla.fr/en/data-privacy/

ARTICLE 16 – INTELLECTUAL PROPERTY

www.kietla.fr is designed and managed by Ki ET LA.

 

All documents, information, texts, graphics, images, photographs or other content published on the Site are the exclusive property of Ki ET LA.

 

Consequently, they may not be reproduced, exploited or used in any capacity without the express authorisation of the Director of Publication.

 

Ki ET LA holds all intellectual property rights relating to the Products and the trademarks and distinctive marks under which the Products are marketed.

 

The Internet User fully recognises the intellectual property of Ki ET LA and undertakes not to infringe it in any way.

 

More specifically, the Internet User expressly agrees not to manufacture, sell, licence or market in any way, directly or through a third party, for his or her own benefit, or for the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights relating to the Products and trademarks belonging to Ki ET LA.

 

If the Internet User has a personal website and wishes to feature on it a simple link directly to the homepage of the Ki ET LA site, he or she must explicitly ask the company for permission. In any case, any such link must be removed at the request of Ki ET LA.

ARTICLE 17 – ALL CONDITIONS

A change in legislation, regulations or a court decision rendering one or more clauses of these general terms and conditions of sale null and void shall not affect the validity of these general terms and conditions of sale. Such a change or finding could in no way allow the Internet User to breach these general terms and conditions of sale.

 

If a condition is not explicitly mentioned, it is considered to be governed by the practices of distance selling companies based in France.

ARTICLE 18 – DISPUTES

These GTCS are governed by and interpreted in accordance with French law.

 

In the event of a dispute, the Purchaser is required to contact Ki ET LA directly to obtain an amicable solution:

 

  • either by post at the address Ki ET LA- Zone du Ragon Bound A2 – 28 Rue Louis Pasteur – 44119 TREILLIERES
  • or via the contact form https://www.kietla.fr/contact/

 

Then, in the event of a dispute relating to the application and/or interpretation of these GTCS, the Purchaser may use a mediation procedure or any other alternative dispute settlement procedure. In accordance with Ordinance No. 2015-1033 of 20 August 2015 and Implementing Decree No. 2015-1382 of 30 October 2015, any dispute or dispute known as a consumer dispute, subject to Article L. 612-2 of the Consumer Code, may be settled amicably by mediation with the CMAP (Centre de Médiation et d’Arbitrage de Paris).

 

To submit a dispute to the mediator, the Purchaser may:

  • fill in the form on the CMAP website: http://www.cmap.fr/?lang=en by clicking “A CONSUMER” under the “You are” heading.
  • send your request by regular or registered post to CMAP Consumer Mediation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or
  • send an email to consommation@cmap.fr. Regardless of the means used to address CMAP, the Purchaser’s request must contain the following elements in order to be processed quickly: postal, email and telephone details as well as the full name and address of Ki ET LA, a brief statement of the facts, and proof of the preliminary steps taken with Ki ET LA. Notwithstanding the above, in the event of a dispute, and in accordance with Regulation No. 1215/2012 of 12 December 2012:

– the Purchaser may address the court of his domicile or the French courts,

– Ki ET LA may refer the matter to the court of the Purchaser’s place of residence.