TERMS AND CONDITIONS
The present terms of sales (hereafter called « TS ») applied, exception of any other, to all orders made to KIDUL company by a client consumer under preliminary article of Consumer Code (hereafter called « client(s) ») for travel related purchases offered for sale through internet, by KIDUL (hereafter the « products ») on www.lesbidibules.comwebsite (hereafter the « website »).
This website is aimed to a personal use exclusively and products bought by a client on the website cannot be resell in a commercial framework.
The client read the present TS on the website and, by its order, accept them and commits to it unreservedly. Any order confirm cannot be realized without previous acceptance (checkbox) of present TS. The nullity of any TS clause do not, in any case, lead to the nullity of others.
By ordering, the client confirm that every information is providing are correct. He states to be authorized to use his credit or debit card used to end the order and commit to have enough resources to cover the prices of ordered products.
KIDUL reserves the right to modify the TS any time. In case of modification, the TS version applicable to the client will be the one accessible on the website at the ordering date.
The contact details of KIDUL company, SARL of 73 280 € capital, registered at Marseille trade register and companies under the number 819 039 363 are as following :
KIDUL 6, AVENUE MARIUS CHEYSON 13012 MARSEILLE. +33 (0)6 33 30 15 62
1. PRE-CONTRACTUAL INFORMATIONS
KIDUL take care of the online release of information related to essential products’ characteristics sold on the website. KIDUL commits, in accordance with provisions of L 111-1 article and following of Consumer Code, to provide to the client, previously to the conclusion of the contract, the following website information and/or the present TS :
– Essential characteristics of products sold online
– Products prices sold online
– Products delivery dates
– KIDUL’s complete identity and activities
– The existence and terms of legal and commercial guarantees applications and the after-sale service.
– Payment options accepted by KIDUL as well as the restrictions of potential delivery.
The client has an easy access by clicking on product information sheet on the website to essential products’ characteristics sold by KIDUL especially with products technical sheets. He also has an easy access to products prices in accordance with provisions of L 111-1 article of Consumer Code. The provisions related to products delivery options and to legal guarantees are in the TS.
All products proposed on the website are in appliance with the current french legislation.
Products have images showing them, with understanding that, for technical reasons, real products can sometimes slightly differ from the images on the website. KIDUL cannot certify that the presentation of products on consumer’s screen will reflect precisely the color of the delivered product. The client is invited to see the description of each product to know its characteristics. The products offers are available as long as they are visible on the website in the limit of available stocks.
Products prices are indicated on the website with and without VAT. They are shown and payable in Euros. The VAT is the french VAT. To the price, KIDUL might add some treatment and sending fees. Prices do not include delivery fees indicated online before the order confirmation. Delivery fees are indicated to the client incrementally to its products choices and are confirmed at the end of the order in the global price (Including the products price object of the order to which these different fees are added) in addition with the price of selected products.
Prices of current products are the one indicated online when the client confirms his order, and reminded in the global price confirmed in the confirmation email acknowledging the good receipt by KIDUL of the client order. Connexion costs are at the charge of the client. If a mistake is detected concerning products’ price you ordered or in the delivery invoice, we inform you as soon as possible. You will then have the choice either to confirm you order at the exact price, or to cancel your order.
4. PRODUCTS AVAILABILITY
Products offers and prices shown online are available as long as they are visible and available (= button « Add to basket ») on the website. A product which became unavailable is indicated as it (unavailable). However, it is specified that the simple fact to add a product in the basket do not equal confirmation of the order. In other words, the product can become unavailable between the add in the basket and the order confirmation by the client. The client is then informed of the unavailability of the product before paying his order.
In case of unavailability of the product after ordering, the client is informed by email or letter of its future availability in the shortest possible time. In this hypothesis, the client can, if the availability time of the product does not fit him, ask the sale resolution and get refund of the payed price.
KIDUL commits to honor any order exclusively in the limit of products available stocks. In case of unavailability, the client will be informed soon and will be able to order once the product available.
5. ORDER ONLINE
To order, the client connects on the website, selects the products he wants to order and formalize his order by following the ordering process on the website.
Once his choice made, the definitive order confirmation (basket) is submitted to acceptance of the present terms and conditions of sales then to payment of ordered products.
Once the order confirmed by the client by his « double click » and payed, a confirmation email, acknowledging receipt of the order and resuming all these informations is then sent to the client forthwith. The client will necessarily have to provide a valid email address when he fulfills the boxes related to his identity. The order is considered definitive when the client order is collected.
Once the order taken into account, KIDUL informs by email the client of the products shipment . The client has the possibility to follow the order through a link allowing him to trace the package.
The client receive the invoice of the order by email and in writing (in his package).
The client recognize his payment obligation when he is ordering with KIDUL.
The payment of the products by the client is made, totally, at the day of the order, by the client, online through the bank platform on which the client is redirected in the ordering process. The payment is made exclusively by Paypal or credit card by the client who indicates his 16 figures card number, his expiration date and the visual cryptogram at the back of the card. The credit cards VISA, Mastercard, Eurocard are accepted.
In accordance with the L 132-2 article of the monetary and financial Code, the commitment to pay given by a credit card is definitive. By communicating informations relative to his credit card, the client authorize KIDUL to debit his credit card from the global price amount. To this end, the client confirm that he is the owner of the credit card and that the name on the credit card is his.
In the case where the payment of the global price is impossible because of the bank refusal, the online sale and order will immediately be canceled.
The order confirmation with the number of credit card and with the expiration date means mandate to pay the price appearing on the invoice that the payment server transmit to the client credit institute.
The personal informations as well as the credit card numbers are never seen between the browser and the server, the data are signed and encrypted and transmitted by the SSL protocol (SSL certificate) upstream of the tele-banking module. The agreement of the credit card central network triggers the shipment of the products. The day of order confirmation, the client account is debited from the amount on his invoice, corresponding to the global price.
Products are delivered to the delivery address indicated by the client when ordering or in one of the relay proposed to the client when ordering and chosen by the client. The delivery time will not exceed 8 workdays following the order confirmation. The delivery is made from Monday to Saturday to the address indicated by the client. (In case of absence, a delivery notification will be left in your mailbox. Your package will be given to the place indicated by the deliverer. The delivery will be made by the UPS conveyor (or other).
The client has the possibility to end the contract formalized by the order, by registered letter with an acknowledgement of receipt or in writing on another support after claim stayed unsuccessful.
The order is considered as resolved at the reception by KIDUL of the letter or of the writing notifying this resolution, except if KIDUL executed by then.
In case of order resolution, KIDUL commits to refund amounts paid, delivery fees included, the later in a 14 (fourteen) day time following the date to which the contract is canceled. The paid amount by the client is increased by 10% if the refund comes at the latest 30 days (thirty) beyond this term, by 20 % to 60 (sixty) days and by 50% subsequently. The refund by KIDUL will be made cash on the client account only by credit of the credit card used by the client to order.
Any delivery problem, following the difficulties access to the delivery place or to a wrong address given by the client, and in general, any delay or impossibility of delivery attributed to the client do not engage the responsibility of KIDUL.
The client engage to check the packaging condition as well as the product. If the packaging and/or the products ordered are damaged, the client has to inform KIDUL of the anomaly.
If the product is defective, or if KIDUL made a delivery mistake regarding the client order, KIDUL will adress to the client a return ticket to stamp the package at its expenses. If the client use another way of return, KIDUL will not proceed to the refund of these fees. In this case, the articles have to be returned to KIDUL in a 7 days period.
KIDUL has the right to refuse to make a delivery or to honor an order from a client who would not have payed totally or partially a previous order or with who there is a settlement dispute pending.
8. REFUNDING AND RETURN CONDITIONS
In accordance with current legal dispositions, the client have a 30 (thirty) days period from the reception of the product to withdraw to KIDUL, without having to justify motives,nor to pay penalties and return the product ordered. The withdrawal period expires thirty (30) days after the day where the client or another person than the conveyor and named by the client have the product. To exerce his withdrawal right the client has to notify to KIDUL his decision of withdrawal with a statement devoid of all ambiguity to KIDUL SARL by mail to KIDUL address- 6, AVENUE MARIUS CHEYSON 13012 MARSEILLE or by email to email@example.com
In case of withdrawal from the client, KIDUL commits to refund all amounts paid included the delivering fees (except additional fees occuring from the fact that the client chose a delivery option more expensive than the standard delivery option proposed by KIDUL) without excessive delay and, either way, at the latest 30 (thirty) day from the day where KIDUL has been informed of the decision of the client to withdraw. KIDUL can differ the refund to the recovery of products or until the client has provided a proof of shipment of these products, the date being the one of the first of these facts.
Beyond, the due amounts are increased by the legal interested rate if the refund comes at the latest tend ays after the expiration of period fixed above, by 5% if the delay is comprised between ten and twenty days, by 10% if the delay is comprise between twenty and thirty days, by 20% if the delay is comprise between thirty and sixty days, by 50% between sixty and ninety days and by five additional points per each new month of delay to the product price, then by the legal interested rate.
KIDUL take over direct return fees. KIDUL will proceed to refund by using the same payment option than the one the client will have used for the inital transaction, except if the client specifically wants a different option ; in any case, this refund will not cause additional fees for the client. The client will have to resend or give back the product to KIDUL with excessive delay at the latest thirty days after the client communicated to KIDUL his decision of withdrawal. The returned product will have to be in a perfect condition, with every accessories or possible notices allowing its re-commercialization to the following address :
KIDUL / RETOUR LESBIDIBULES
6, AVENUE MARIUS CHEYSON – 13012 MARSEILLE – FRANCE
This period is respected if the client send back the product before expiration period of 30 (thirty) days. The client responsibility is engaged in regard to the product depreciation resulting from manipulations other than the ones to establish the nature, characteristics and the good operation of this product.
9. AFTER SALE SERVICE
KIDUL ensure an after-sale service of products. The client will be able to address to this after-sale to ask informations relative to the use of products not indicated in the notice of the product or in case of claim in the conditions of the after sale service. The client will be able to contact the KIDUL after-sale service by phone or email indicated on http://www.lesbidibules.com .
All products on lesbidibules.fr are guaranteed 1 year.
The guarantee cover all production defaults or quality issue. If the issue comes from abnormal wear and tear linked to bad product use or to modifications/ repairs inadequate, the guarantee will not take in charge the repair or replacement of the product. In this context, the guarantee does not cover a product which will have been exposed :
– to extreme conditions
– to acid
– to solvent
– to humidity
– to bad treatment during transportation (if the client is in this case of figure, he has to contact directly the transportation company which is insured on this type of damage).
All products are guaranteed in the conditions of the conformity guarantee planned by L 211-4 articles and following of Consumption and guarantee of hidden vice Code planned by the 1641 article and following of the Civil Code.
Under the guarantee of conformity, KIDUL guarantees the product conformity according to the technical product sheet indicated on the website. KIDUL answers the conformity defaults existing during delivery of the product. The conformity definition is in the L 211-5 article of Consumer Code. The client benefits of a 2 years period from the delivery of the product to act. The conformity defaults appearing in a 6 months period from the product delivery are presumed to be existing at the moment of the delivery except contrary proof. This period will be made to 24 months from the 18th of March 2016. In case of conformity default, the client chooses between repair and replacement of the product, under conditions of costs planned by L 211-9 article of Consumer Code. If the repair or replacement of the product are impossible, the client can return the product and have his money back or keep the product and have a part of his money back.
Under the legal guarantee of hidden vices, KIDUL guarantees hidden defaults of the product sold which make it unfit to the initial use, or which reduce this use some much, that the client would not have ordered it, or would have gave lesser price, if he had known them. At this title,the client can choose between sale resolution or a price discount in accordance with the 1644 article of the Civil Code.
Article 1641 of the Civil Code : the seller is required from the guarantee due to hidden defaults of the thing sold which make it unfit to the initial use, or which reduce this use some much, that the client would not have ordered it, or would have gave lesser price, if he had know them.
Article 1648 of the Civil Code : The action resulting from the prohibitive vices has to be done by the buyer in a two years period from the discovery of the vices.
Article L211-4 of the Consumer Code : The seller is required to deliver a good conformed to the contract and answers the conformity defaults existing during the delivery. He answers also the conformity defaults resulting from the packaging, the assembly instructions or installation when it is put at his charge by the contract or has been realized under his responsibility.
Article L211-5 of the Consumer Code : To comply with the contract, the good has : to fit to use expected from a similar good and, if so conform with the description given by the seller and have the qualities he has presented to the buyer under the form of a sample or modele ; Present the qualities a buyer can wait from public statements made by the seller, by the producer or by his representative, especially in the advertising or labelling ; Or present the characteristics defined from a common agreement by the parties involved or fit to any special use researched by the buyer, known by the seller and that this last person has agree to.
Article L211-12 of Consumer Code : The action resulting from the conformity default is prescribed by two years from the delivery of the good.
11. RESERVE OF PROPERTY
The products remain the property of KIDUL to the complete payment and effective collection of the global price by KIDUL.
12. PERSONAL DATA
Informations given by the client to KIDUL being essential for the treatment and transit of orders, the preparation of invoices and guarantee contracts, their absence lead to the cancelling of the client order. By subscribing on the website, the client commits to provide to KIDUL honest and true informations concerning him. The communication of fake informations is contrary to the present TS.
In accordance with the « informatic and liberties » law, the treatment of client informations made the object of a statement to the National Informatic and Liberties Commission (NILC). KIDUL is authorized to collect, treat and use informations concerning the client. This data make the object of an informatic treatment and kept by KIDUL for a period which does not exceed the necessary period for which they are collected.
This activity is strictely regulated : the file has been declared to the NILC and is registered under the number 1892507.
The client a permanent right of access, rectification and opposition on every data concerning him, in accordance with the european texts and the current national laws (article 34 of the 6 January 1978 law). The client can at any moment make a demand to KIDUL to know which informations KIDUL has on the client. He can at any moment and on demand modify these data. If the client accepted it during his identification on the website, promotional emails proposing him news, promotions, etc. will be sent to him. The client can ask not to receive e-mail from KIDUL at any moment by clicking on the link planned at its effect.
KIDUL is the only owner of client informations. If the client accepted it on the identification in the website, KIDUL and its partners can send him informations in the context of precise and punctual promotional operations. These partners are specially chosen by KIDUL and are recognized for the quality of their products and services.
KIDUL inform the client that cookies registere some informations which are kept in the hard drive memory of the client. These informations are used, to generate audience statistics of the website and to propose products according to already selectionned products during previous visits. A notification ask the client, first, if he wants to accept cookies, which he can of course refuse. These cookies does not contain client confidential informations.
13. INTELLECTUAL PROPERTY AND USE OF THE WEBSITE
The website content (especially the illustrations, images, signs, artistic works, website style) are protected by author rights and by intellectual property rights and belong or have been given to KIDUL company, which benefit from an exclusive right to use.
The client can keep, print and display the content provided by the website for his personal use. He cannot publish, manipulate, distribute or reproduce, under any form, the content, including images, or any copies of the content provided or which appear on the website. It is also forbidden to use this content at commercial or professional ends.
Any use of these contents in fraud of the rights owned by a third on them is consecutive of a counterfeiting offence.
In accordance with provisions of intellectual property Code, any reproduction or use, under any form, of these intellectual property rights, without the prior consent written from the KIDUL company, can lead to legal proceedings.
The client commits to not using the website in an abusive way. Without any restriction, the client prohibit himself from doing or encouraging a penal offence ; transmit or diffuse a virus, a Trojan Horse, a worm, a logical bomb or to send any other malicious element, technologically dangerous, disloyal, or in any way, offending or obscene ; hack any part of the services ; corrupt data ; annoy others users ; violate property right of a third ; send ads or promotional elements not asked (« spam ») or intent to deteriorate performances or functions of any informatics system.
The violation of this provision is susceptible to constitute a legal offence. KIDUL has the right to reprot to the concerned authorities any failure to the law and to release their identity.
KIDUL cannot be hold responsible of any loss or damage caused by an attack by denial of service (« distributed denial of service attack »), virus or other damaging technological material, which will be susceptible to infect client informatics devices, his informatics programs, data or other materials, and which will be due to the use of the present website or of the download of any accessible element on this website or linked website.
14. MAJOR CASE
KIDUL responsibility cannot be engaged in case of failure to implement or bad execution of a due order, either to the client fact, either to an insurmountable and unpredictable fact from a third, either to a major case fact.
15. APPLICABLE RIGHT
The present contract is submitted to the French law. The language of the contract is the French language. In case of litigation, the client will be able to rely on a conventional mediation procedure or to any alternative mode.