GTC and Legal Notices

Date of last update: July 3, 2019

This site, accessible at the URL www.kiminote.fr (the “Website”), is published by:

KMNT Holding SAS company with a capital of 50,000 euros, registered with the Versailles RCS under the number 844 250 480, whose head office is located at 9 square monte cristo 78160 in Marly-le-Roi, represented by Mr Thibouville Cyril duly empowered,

(Hereinafter referred to as the “Operator”).

The operator’s individual VAT number is: FR69844250480.

The Website is hosted by the company OVH SAS, located 2 rue Kellermann BP 80157, 59100 ROUBAIX.

The Director of publication of the Website is Mr Thibouville Cyril.

The operator can be reached at the following telephone number 01 80 35 12 53 and at the following email address service_client@kiminote.fr.

The general conditions of sale (the “General Terms and Conditions of Sale“, or the “GTC“) are applicable exclusively to the online sale of products offered by the operator on the website.

The GTC are made available to customers on the Website where they can be directly consulted and can also be communicated to them on request by any means.

The GTC are opposable to the customer who recognizes, by checking a box or by clicking on the button provided for this purpose, to have read and accepted them before placing an order. The validation of the order by its confirmation is worth adhesion by the purchaser to the GTC in force on the day of the order whose conservation and reproduction are ensured by the Operator.

The Website is an online site for the sale of leather goods, textile products and fashion accessories (hereinafter the “Product (s)”) open to any natural or legal person using the Website (the “Customer“).

The Products presented on the Website are each the subject of a description mentioning their essential characteristics. The photographs illustrating, where appropriate, the products do not constitute a contractual document. The instructions for use of the Product, if it is an essential element, appear on the Site or are sent at the latest upon delivery. The Products comply with the prescriptions of French law in force. The Operator cannot be held liable in the event of a manifest error between the characteristics of the product indicated in the product sheet and the photographies illustrating the product.

The Customer remains responsible for the terms and consequences of his access to the Website, in particular via the Internet. This access may involve the payment of fees to technical providers such as Internet access providers, who remain at his expense. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Website.

The Customer acknowledges having verified that the computer configuration that he uses is secure and in working order.

To place an order on the Website, the Customer must first create his personal customer space. Once created, to access it, the Client must identify himself using his secret, personal and confidential username and password. It is the Customer’s responsibility not to communicate their username and password in accordance with the provisions of the PERSONAL DATA article of these General Terms and Conditions. Each Customer undertakes to keep strict confidentiality on the data, in particular username and password, allowing him to access his customer area, the Customer acknowledging that he is solely responsible for access to the Service through his username and password, except proven fraud. Each Customer also undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of their username and / or password.

After the creation of his personal customer space, the Customer will receive an email confirming the creation of his customer space.

The Customer agrees when registering to:

  • deliver real, exact, up-to-date information when entered in the service registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so.
  • keep the registration data up to date in order to constantly guarantee their real, exact character.

The Customer also undertakes not to make available or distribute illegal or reprehensible information (such as defamatory information or constituting identity theft) or harmful (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Client’s access to the Website for their exclusive wrongs.

The operator strives to guarantee optimum availability of its products. Product offers are valid while stocks last.

If, despite the best efforts of the operator, a product turns out to be unavailable after the customer’s order, the operator will inform the customer by email as soon as possible and the customer will have the choice between:

  • delivery of a Product of a quality and price equivalent to that initially ordered, or
  • reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the sums already paid.

It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation indemnity, unless the execution of the contract is personally attributable to him.

With the exception of any contrary mention appearing in these General Terms and Conditions and without prejudice to the right of withdrawal provided for by the applicable law, the Customer’s orders are firm and final.

When placing an order, the Customer must select the Products chosen, add them to his basket, indicating the Products selected and the quantities desired. The Customer has the possibility to check the detail of his order and its total price, and to return to the previous pages to possibly correct the content of his basket, before confirming it.

The Customer agrees to read the General Terms and Conditions of Sale then in force before accepting them and confirming the terms and any delivery and withdrawal costs prior to payment of the order. The confirmation of the order implies acceptance of the GTC and forms the contract.

The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and / or archive this order confirmation as proof, on a reliable and durable medium. A digital invoice is made available to the Customer in the “my account” area. The operator also advises the Customer to print and / or archive this invoice as proof as a reliable and durable medium.

Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area.

The operator reserves the right not to validate the order of the Customer for any legitimate reason, in particular in the event that:

  • The Customer would not comply with the General Terms and Conditions in force when ordering;
  • The Customer’s order history shows that sums remain due under previous orders;
  • One of the Customer’s previous orders is the subject of a dispute being processed;
  • The Customer did not respond to a request for confirmation of his order that the Operator sent him.
  • The Customer would order a disproportionate quantity of product, which would not correspond to the use of an end consumer. The operator would be entitled to cancel any order suspected of having the object of reselling the products purchased

The Operator archives the contracts for the sale of Products in accordance with the applicable legislation. By making a request to the following address service_client@kiminote.fr, the Operator will provide the Customer with a copy of the contract which is the subject of the request.

Any modification of an order by the Customer after confirmation of his order is subject to the agreement of the Operator.

The information communicated by the Customer when placing the order (including name and delivery address) binds the latter. Thus, the operator’s responsibility cannot in any way be sought in the event that an error during the placing of the order prevents or delays delivery.

The Client declares to have full legal capacity allowing him to commit under these General Terms and Conditions.

Registration is open to capable adults and minors provided that they intervene under the supervision of the parent or tutor having parental authority. In any case, registration is not authorized on behalf of third parties unless they are validly authorized to represent it (legal person for example). Registration is strictly personal to each Client.

In the event of the Customer breaching any of the provisions herein, the Operator reserves the right to terminate the Customer’s account without notice.

The Customer expressly recognizes that any order placed on the Website is an order with a payment obligation, which requires payment of a price against the supply of the Product ordered.

In any event, the operator reserves the right to check the validity of the payment, before the order is dispatched, by any means necessary.

The operator uses the Scellius Net online payment solution offered by La Banque Postale.

Orders can be paid using one of the following payment methods:

  • Payment by credit card. Payment is made directly on the secured bank servers of the operator’s bank; the Customer’s bank details do not pass through the Website. The bank details provided are protected by an SSL (Secure Socket Layer) encryption process. In this way, these contact details are not accessible to third parties.

The Customer’s order is recorded and validated upon acceptance of payment by the bank.

The Client’s account will be debited for the corresponding amount only when (i) the data of the credit card used has been verified and (ii) the debit has been accepted by the bank that issued the credit card.

The impossibility of debiting the sums due will result in the immediate nullity of the sale.

The credit card can in particular be refused if it has expired, if it has reached the maximum purchase amount to which the Customer is entitled or if the data entered is incorrect.

  • Payment by electronic wallet (Paypal type). The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for his order securely without providing his bank details.
  • Payment by bank transfer. The Customer can pay for his order by bank transfer. When ordering, the Operator will communicate the contact details of the account on which to make the transfer, as well as the order reference to be indicated in the transfer order. Orders are processed within 48 hours maximum after receipt of the transfer.

If applicable, the order validated by the Customer will only be considered effective when the secure bank payment center has given its agreement to the transaction.

The order will be automatically canceled if the transfer is not effective within 5 days after validation of the order by the customer. The operator could not guarantee beyond the 5 days, the availability of the ordered item.

As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize their order. These parts will not be used for other purposes.

 

The price of the Products in effect at the time of the order is indicated in euros all taxes included (VAT) excluding delivery and transport costs. In the event of a promotion, the Operator agrees to apply the promotional price to any order placed during the period of advertising for the promotion.

The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The prices offered include discounts and rebates that the operator would have to grant.

If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.

The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.

The attention of the Customer is particularly drawn to the mode of acceptance of the order placed on the Website. When the Customer places his order, he must confirm it by the “double-click” technique, that is to say that after selecting Products added to the basket, the Customer must check and possibly correct the content of his basket (identification, quantity of selected products, price, terms and delivery costs) before confirming it by clicking on “I pay”, finally he validates his order after filling in his bank details. The “double click” is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.

The archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions made between the Operator and its Customers.

The order can be resolved by the Customer by registered letter with request for acknowledgment of receipt or by writing on another durable medium in the event of :

  • delivery of a Product that does not comply with the declared characteristics of the Product;
  • delivery exceeding the deadline set in the order form or, failing such date, within thirty (30) days of the conclusion of the contract, after the operator has been ordered, according to the same terms and without result, to make the delivery within a reasonable additional time;
  • an increase in the price which is not justified by a technical modification of the product imposed by the public authorities.

In all these cases, the Client may demand the reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.

The order can be resolved by the Operator in the event :

  • the buyer’s refusal to take delivery;
  • non-payment of the price (or the balance of the price) at the time of delivery.

The Operator remains the exclusive owner of the Products ordered on the Website until the full price has been collected, including any shipping costs.

The online sales offers presented on the Website are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographic areas.

Delivery means the transfer to the Customer of physical possession or control of the Product.

The operator pays the delivery costs from 50 euros of purchase on the site. If this purchase amount is not reached, these costs are borne by the customer.

The shipping costs are then those specified during the finalization of the order and are accepted by the validation of the order.

The Operator agrees, in accordance with the delivery deadline indicated on the Website for each of the Products, to deliver the Products within a maximum of thirty (30) days after receipt of the order.

Delivery times are announced in working days on the Website when ordering. These deadlines include the preparation and dispatch of the order as well as the deadline provided by the carrier.

The Operator undertakes to dispatch the Products in accordance with the deadlines announced on each Product sheet and at the basket level, provided that payment for the order has not been previously refused.

However, if one or more Products could not be delivered within the period initially announced, the Operator will send an email indicating to the Customer the new delivery date.

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to verify that this address does not contain an error. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

Upon delivery, you may be asked to sign a receipt.

No delivery will be made to a PO box.

Upon delivery, it is the Customer’s responsibility to verify that the Products delivered comply with their order and that the package is sealed and not damaged. If this is not the case, the Customer must imperatively indicate it on the delivery slip. No claim on the quantity or condition of the Product will be accepted if the claim has not been included on the delivery slip.

If a Product delivered does not give complete satisfaction to the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.

In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 and following of the Consumer Code, the Customer is invited to complete the standard withdrawal form at the end of these GTC.

The operator will send an acknowledgment of receipt of the Customer’s request for withdrawal by e-mail.

If necessary, the Customer can exercise his right of withdrawal by notifying the following information to the Operator:

  • name, geographic address, telephone number and email address;
  • decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or email as soon as these contact details are available and therefore appear on the standard withdrawal form). The Customer can use the model withdrawal form but it is not mandatory.

The return costs are the responsibility of the Customer, unless the goods cannot be returned by post, in which case the Operator will recover the Product at his expense.

The exceptions of article L.221-28 of the Consumer Code apply and obstruct the exercise of the right of withdrawal, especially if the order consists of a contract:

  • supply of goods made according to consumer specifications or clearly personalized;
  • supply of goods liable to deteriorate or expire quickly;
  • the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
  • supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all accessories.

In addition to the returned Product, the return package must also contain a letter specifying the exact and full contact details (name, first name, address) of the Customer as well as the order number, and the original purchase invoice.

The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days of receipt of the Product and all of the elements enabling the Customer to be reimbursed. This reimbursement may be made by the same means of payment as that used by the Client. As such, the Customer having paid for his order in the form of vouchers / gift vouchers may be reimbursed by credit vouchers / gift vouchers as the Operator wishes.

By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.

The Customer can contact the Operator:

  • by email to service_client@kiminote.fr indicating his name, telephone number, the subject of his request and the number of the order concerned.

The operator is the sole holder of all the elements present on the Website, in particular and without limitation, all texts, files, images, animated or not, photographs, videos, logos, drawings, models, software, brands, visual identity, database , structure of the Website and all other elements of intellectual property and other data or information (hereinafter, the “Elements“) which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Website may be wholly or partially modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disseminated, represented, stored, used, rented or exploited in any other way. , free of charge or against payment, by a Client or by a third party, whatever the means and / or the supports used, whether known or unknown to date, without prior authorization and written consent of the Operator on a case by case basis, and the Customer is solely responsible for any unauthorized use and / or exploitation.

The operator reserves the right to take any legal action against persons who have not complied with the prohibitions contained in this article.

The Operator cannot be held responsible for the breach of the contract by the Client or due to an event qualified as Major Force by the competent courts or by the unpredictable and insurmountable fact of any third party hereto.

The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Website and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted due to maintenance, updates or technical improvements, or to change the content and / or their presentation.

The Operator cannot be held responsible for the use which would be made of the Website and its services by Customers in violation of these General Terms and Conditions and for direct or indirect damage that such use could cause to a Customer or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for his behavior towards third parties. In the event that the responsibility of the operator is sought because of such behavior by one of its customers, the latter undertakes to guarantee the operator against any judgment pronounced against him as well as to reimburse the Operator of all costs, including lawyers’ fees, incurred for his defense.

Independently of any additional contractual guarantee (commercial guarantee) which could be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code (in particular L. 217-4 to L. 217 -14 of the Consumer Code), and of the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

When you act within the framework of the legal guarantee of conformity:

  • you have two (2) years from the delivery of the goods to act:
  • you can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
  • you are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except second-hand goods).

You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, you can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, article 1641, 1644 and the first paragraph of Article 1648 of the Civil Code, as in force on the date of these General Terms and Conditions of Sale:

Art. L.217-4 of the consumer code:

“The seller delivers goods that conform to the contract and is liable for any lack of conformity existing when they are delivered. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility. “

Art. L.217-5 of the consumer code:

“The goods comply with the contract:

1 ° If it is suitable for the use usually expected of a similar good and, if applicable:

– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted. “

Art. L.217-7 of the consumer code:

“The lack of conformity which appears within twenty-four months from the delivery of the goods is presumed to exist at the time of delivery, unless proven otherwise.

For second-hand goods, this period is set at six months.

The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. “

Art. L.217-9 of the consumer code:

“In the event of failure to compliance, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the choice of the buyer if this choice involves a manifestly disproportionate cost with regard to the other modality, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer. “

Art. L.217-12 of the consumer code:

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. “

Art. 1641 of the civil code:

“The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes that use, that the buyer would not have acquired it, or ‘would have given them a lower price, if he had known them. “

Art. 1644 of the civil code:

“In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or of keeping the thing and being reimbursed part of the price. “

Art. 1648 paragraph 1 of the civil code:

“The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. “

It is recalled that the search for amicable solutions prior to a possible legal action does not interrupt the time limits for action of the legal guarantees nor the duration of any possible contractual guarantee.

For more information regarding the use of personal data by the Operator, please

carefully review the Privacy Charter (the “Charter”). You can consult this Charter at any time

on the Website.

The Customer may, for any request relating to personal data, contact the person in charge at

the address: donnespersonnelles@kiminote.fr

 

The hypertext links available on the Website may refer to third-party sites not published by the Operator. They are provided only for the convenience of the Client, to facilitate the use of resources available on the Internet.

If the Customer uses these links, he will leave the Website and then agree to use third-party sites at his own risk or if applicable, in accordance with the conditions governing them.

The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and / or content applying to or appearing on these third-party sites.

Consequently, the operator can not be held responsible in any way whatsoever because of these hypertext links.

In addition, the Customer acknowledges that the Operator cannot endorse, guarantee or take over all or part of the conditions of use and / or the content of these third-party sites.

The Website may also contain promotional hypertext links and / or advertising banners referring to third party sites not published by the Operator.

The operator invites the Customer to notify him of any hypertext link on the Website that would allow access to a third-party site proposing content contrary to the laws and / or morality.

The Customer may not use and / or insert a hypertext link pointing to a site without the prior written consent of the operator on a case-by-case basis.

The Customer authorizes the Operator to mention the Customer’s name and logo as a reference in their media, communication (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).

ENTIRE AGREEMENT OF THE PARTIES

These General Terms and Conditions constitute a contract governing relations between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their object. If one or more stipulations of these General Terms and Conditions were declared void pursuant to a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and

scope. In addition, the fact that one of the parties to these General Terms and Conditions does not avail himself of a failure of the other party to any of the provisions of these General Terms and Conditions can not interpret itself as a waiver on its part to claim in the future such a breach.

MODIFICATIONS OF CONDITIONS

The operator reserves the right to modify the content of the Website or the services provided there, at any time and without notice, and / or temporarily or permanently cease operating all or part of the Website.

In addition, the Operator reserves the right to change the location of the Website on the Internet at any time and without notice, as well as these General Terms and Conditions. The Client is therefore required to refer to these General Terms and Conditions before any use of the Website.

The Customer acknowledges that the Operator cannot be held responsible in any way whatsoever towards him or any third parties due to these modifications, suspensions or terminations.

The Operator advises the Customer to save and / or print these General Terms and Conditions for a safe and durable conservation, and be able to invoke them at any time during the execution of the contract if necessary.

CLAIM AND MEDIATION

In the event of a dispute, you must first contact the company’s customer service using the following contact details: service_client@kiminote.fr.

In the event of a failure to the request from customer service or in the absence of a response from this service in a ten (10) day period, the Customer may submit the dispute with the operator to the following mediator:

MEDIATION / LIVE BETTER TOGETHER

  • mediation-vivons-mieux-ensemble.fr
  • 465 avenue de la Liberation 54,000 NANCY
  • mediation@vivons-mieux-ensemble.fr

The mediator will try, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution. The parties remain free to accept or refuse the mediation recourse as well as, in the event of recourse, to accept or refuse the solution proposed by the mediator.

The procedure is free for the consumer (R612-1 of the Consumer Code).

European online dispute resolution platform:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR

APPLICABLE RIGHT

These General Terms and Conditions are governed, interpreted and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER

The Customer acknowledges having read these General Terms and Conditions carefully.

By registering on the Site, the Customer confirms having read the General Terms and Conditions and accepting them, making him contractually bound by the terms of these General Terms and Conditions.

The General Terms and Conditions applicable to the Customer are those available on the date of the order, a dated copy of which can be given to the Customer at his request, it is therefore specified that any modification of the General Terms and Conditions which would be carried out by the Operator will not apply to any order placed previously, unless expressely agreed with the Customer of a given order.

Do you want to exercise your right of withdrawal? In compliance with the conditions set out in article 11, you have the possibility to use the form below:

———————————————————————-

Attention: KMNT Holding SAS, Customer service, 9 square Monte Cristo, 78160 Marly-le-Roi, France.

I hereby notify you of my withdrawal from the contract for the sale of the following item (s):

  • Name (s) and reference (s) of the article (s):
  • Ordered on:
  • Received on:
  • Order number :
  • Name of the customer at the origin of the order:
  • Order delivery address:

Signature of the client in case of sending the notification by mail:

Date:

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