Preamble / Field of application of the General Conditions of Sale KADOLIS
Presentation of KADOLIS and the Internet site:
The commercial site www.kadolis.com and www.kadolis.fr (hereafter called "the Site") is exploited by the Company KADOLIS SARL - 151 boulevard Elisabeth Boselli 49100 Angers - Metropolitan France - tel: 02.41.93.76.59 - fax. +33 (0)2 53 01 60 85 - e-mail : [email protected] - (hereinafter referred to as "the Company" or "KADOLIS").
N° VAT : FR17 494103484 - Share capital : 134 015 Euros - N° Siret : 494 103 484 00031 - RCS Angers
KADOLIS is a company born at the beginning of 2007 and specialized in the natural sleep by marketing products at the same time design and respectful of the environment for all the family (infants, children and parents).
As such, it markets mattresses, bed linen, comforters and pillows made in Europe and guaranteed without chemical treatment. KADOLIS also selects and develops trendy, design and decorative products... of very high quality for the room of the infants.
The primary purpose of the KADOLIS website is therefore to allow users, consumers or professionals, (hereinafter referred to as the "Customer(s)"):
- The online purchase of products (hereinafter the "Product(s)") based on natural materials to offer a better sleep to the whole family;
- Access to an online store (hereinafter referred to as the "Customer Account") allowing to order and pay for the Products offered for sale by KADOLIS.
The Site is divided into five main categories:
- "Baby": this category is broken down into several sub-categories such as "baby mattress", "bed linen", "comforter and pillow", "sleepwear", "bedding", "bedding", "bedding" and "bedding".", " sleep clothes ", " sleep accessories ", " furniture " and " gift idea ";
- "Children: comforter and pillow ", " sleep accessories ", " furniture " and " gift idea ";
- "Adult: this category is broken down into several sub-categories such as "mattress", "bed linen", "duvet and pillow", "furniture" and "gift idea".comforter and pillow", "pyjamas", "sleep wellness" and "gift idea";
- "Small price": this category is divided into two sub-categories, "promotions" and "packs".
- "About": details the history, the commitments and the various certifications of KADOLIS.
Scope of the General Conditions:
The list and the precise description of the Products and services offered by KADOLIS can be consulted at any time on the Site. It is specified that the essential characteristics of the Products are described and presented by the Company with the greatest possible accuracy.
Any order taken for a Product appearing in the online store of the Website implies consultation as well as prior validation without reservation of these general conditions of sale (hereinafter "the General Conditions" or "GCS"). The latter apply to all Products marketed by the Site. Any sale made by KADOLIS shall be governed exclusively by the stipulations of these General Conditions, which shall be displayed, appended to or accompany any offer or commercial proposal whatsoever made by KADOLIS.
The present General Conditions are also intended to govern the contractual relations between the company KADOLIS and the Customer defined below as the user of the Site. By purchasing the Products online, by using the services offered by the Site, the Customer declares that he/she is using the Site in accordance with the applicable law and the following General Conditions. In addition, these Terms and Conditions are also intended to govern access to and use of the Site, which the Customer, a simple "user", acknowledges.
The present General Conditions are exclusively applicable to Products delivered to Customers established in metropolitan France as well as in Germany, Belgium, Spain, Italy, Luxembourg, the Netherlands, Portugal, the United Kingdom, Northern Ireland and Switzerland (subject to the specificities related to delivery and mentioned on the page page-not-foundhpage-not-foundtpage-not-foundtpage-not-foundppage-not-foundspage-not-found:page-not-found/page-not-found/page-not-foundwpage-not-foundwpage-not-foundwpage-not-found.kadolis.com/fr/content/1-livraison):
The Customer also declares that he/she has the full legal capacity to commit himself/herself under the present General Conditions. Regardless of the Products offered by the Site, Customers must be over 18 years old to place an order.
Article 1 : OPPOSABILITY
The present General Conditions of sale govern the contractual relations between the Customer and: the Company KADOLIS, exploiting the commercial site www.kadolis.com.
The fact of placing order supposes the preliminary consultation of the present General Conditions and carries their full and whole acceptance by the Customer. More particularly, the acceptance of these General Conditions at the time of the placing of the order on the Site and at the time of the creation of the Account constitutes the proof that the User took knowledge of the aforementioned provisions and is worth acceptance of the present. Similarly, the data recorded by KADOLIS on the Site and stored securely on its servers constitute proof of all transactions between KADOLIS and its Customers. The data recorded by the payment system constitutes proof of the various financial transactions made via the Site.
In accordance with the provisions of Article 1366 of the Civil Code and the texts of application relating to the electronic signature, it is recalled that the validation of the online order constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is proof of the completeness of the order and of the payability of the sums due in execution of the order.
The Contract between the Customer and KAD is composed of the present General Conditions and the order form. The General Conditions of Sale of KADOLIS constitute the only agreement between the parties and prevail over any other document. They are applicable for the duration necessary for the delivery of the Products and the provision of the services subscribed to, until the extinction of the guarantees due by the Company KADOLIS.
These General Conditions of Sale may be modified at any time and without notice by KADOLIS. In this case, only the General Terms and Conditions of Sale in force at the time the order was placed shall apply. KADOLIS advises the Client to download and/or save and/or print the present General Conditions for safe and durable storage, and thus to be able to invoke them at any time during the execution of the Contract if necessary.
The fact that the Company KADOLIS does not avail itself, at a given time, of any of the present Conditions may not be interpreted as a waiver on its part to avail itself subsequently of any of the said Conditions.
Article 2 : ORDER
The Customer places order of the products presented on the Internet site of KADOLIS.
He is committed by his electronic signature constituted by the click on "validate", under the order form and has the same value as a handwritten signature.
An email of confirmation will be sent to the customer by the Company KADOLIS, summarizing the order of the Customer and confirming the effective payment of the order.
Article 3: AVAILABILITY OF PRODUCTS
The Products offered on the Site KADOLIS are within the limits of available stocks, the Site being updated regularly.
Nevertheless, and despite the precautions taken by KADOLIS, if one or more Products become unavailable after the order has been placed, KADOLIS shall personally inform the Customer as soon as possible either by e-mail or by post. KADOLIS shall propose a replacement Product to the Client.
The Customer is not obliged to accept this replacement Product and shall be entitled to cancel the order and obtain a refund without charge or penalty.
KADOLIS undertakes to supply spare parts for a period of two years after the sale of the Product.
Article 4: PRICE
The prices are indicated in Euros, including all taxes, excluding delivery costs.
All orders, regardless of their origin, are payable in Euros at the time of ordering.
KADOLIS reserves the right to modify the prices indicated on the Site at any time according to the evolution of the market prices and/or its own suppliers. KADOLIS undertakes to apply the prices in force when the order is registered, subject to the availability of the Products on that date.
Delivery costs are calculated according to the information communicated by the Customer when choosing products on the Site and are updated automatically as soon as new information is communicated or new choices are made. The Customer's attention is consequently drawn to the fact that the cost of transport indicated at the time of each choice of product is indicative and provisional, and varies according to the place of delivery, the nature of the ordered articles and their number, and the selected carrier. The final shipping costs due by the Customer are indicated in the Customer's shopping cart at the end of the selection of Products, and are recalled in the order summary that precedes the validation.
The Products are always invoiced on the basis of the rates in force at the time of the order registration, subject to typographical errors or changes in the VAT applied by France, which would be immediately passed on.
The promotional rates of the Website apply for the period of promotions indicated on the Website.
Any tax, duty or other service to be paid in application of the regulations are charged to the Customer and are added to the sale price.
In case of display of an erroneous price, obviously derisory (low price), whatever the reason (computer problem, manual error, technical error), the order, even validated by KADOLIS, will be cancelled and the Customer will be informed as soon as possible. The Customer will then be able, if he wishes, to place his order again at the corrected price.
In the event of a refund, KADOLIS shall exercise the right to reduce the discounts granted if the article is returned, (VP, Sponsorship, or other commercial discounts)
Article 5: TERMS OF PAYMENT
- Methods of payment:
The payment is made in full of the order either by CB - Visa- Mastercard - Instant transfer (fintecture) - Cadhoc gift vouchers or grouped shot - Paypal.
The payment of an order can also be deferred (30 days) or split in several times (3, 4 or 10 times without expenses) via a provider partner of KADOLIS, the company ALMA.
The various methods of payment offered by the Site are set out on the page page-not-foundhpage-not-foundtpage-not-foundtpage-not-foundppage-not-foundspage-not-found:page-not-found/page-not-found/page-not-foundwpage-not-foundwpage-not-foundwpage-not-found.kadolis.com/fr/pages/5-mode-de-paiement
- Confirmation of the payment and transfer of property:
The email of confirmation of order confirms the effective payment of the Customer.
The sums paid at the time of the order correspond to the price of the Products and the delivery costs and may not at any time be considered as deposits or down payments, even in the event of withdrawal.
The property of the ordered Product is transferred only at the date when the sale price is completely cashed by KADOLIS.
- Security of the payment:
The payment of the sum or sums registered in the order is due immediately upon validation of the order.
The Customer must carry out the payment via the means of payment which it will have chosen. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa).
The secure online payment by credit card is made by a third party payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. The credit card used for payment will be debited less than a week after the date of the order placed by the Customer.
Except for proven fraudulent use, the commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the payment provider to debit his card for the amount relating to the price indicated.
The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the order is immediately cancelled.
During the payment transaction, the Customer is automatically connected to the server of the payment processing center of the payment provider. The banking data, protected by encryption, do not pass through the systems of KADOLIS (and are therefore not stored). KADOLIS does not store the banking data of the Customers.
KADOLIS declines all responsibility in case of error due to the payment system.
If the bank refuses to debit a card or other means of payment, the Customer shall contact the Customer Service of KADOLIS in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the Customer proves impossible, the order will be cancelled and the sale automatically terminated.
The personal data communicated by the Customer allows the transaction to be carried out. They will be recorded and used by KADOLIS in accordance with its privacy and cookie statements as set forth herein. The Client authorizes the payment system to store his/her bank details on behalf of KADOLIS in order to facilitate future orders.
KADOLIS may ask the Customer, by email or telephone, for additional information on his identity (identity card) and the identity of the holder of the bank card used for payment, depending on the amount of the order and the address of the card holder.
The Customer has at any time a right of access and rectification of the data concerning him collected at the time of the payment, in charge for him to make the request by mail (in the head office of KADOLIS) or by electronic mail to the address: [email protected]
Finally, it is specified that in no case the personal code is asked to the Customer, only: the number of bank card composed of 16 digits, the expiry date and the control code, composed of 3 digits, appearing on the back of the card are asked to the Customer.
Article 6 : DELIVERY
Delivery zone: The Products are delivered to the address indicated by the Customer on the order form. For reasons of package tracking, it is impossible to deliver orders to bases or other premises of the Armed Forces, Post Office Boxes, Poste restante, Hotels or other homes, camping. Delivery does not include installation or commissioning
Delivery times: The delivery times do not begin to run until after KADOLIS has sent the order confirmation email, the Products can only be delivered after full payment of the price.
The delivery times are indicated as an indication during the validation of the order. They depend on the type of Product concerned and are on average between 2 and 6 working days from the validation of the order. In any event, the delivery times can not exceed 4 weeks from the confirmation of the order.
The company KADOLIS SARL disclaims any responsibility for the extension of delivery times due to the carrier, especially in case of loss of products or strike.
Methods of delivery: the methods of delivery depend on the type of ordered Product. The shipment is made by Colissimo or by the carrier.
If the order is composed of several different products, KADOLIS can split the delivery in several times and informs the Customer. In this case, the Customer will only pay for one delivery.
If the Customer wishes 2 places of delivery, it places 2 orders, with the expenses of delivery related to these 2 orders.
The delivery by Colissimo is done according to the normal procedures of the Post Office and on which KADOLIS has no control.
The delivery of furniture is made via Transporter. In case of delivery in a multi-storey building, the delivery is made at the level of the mailboxes, and not on the floors. If the customer wishes to have the furniture delivered to the floor, he/she must select the "Delivered Assembled" option at the time of his/her order and the delivery fees will depend on this.
Delay or loss due to the carrier: KADOLIS will inform the Customer of the shipping of the order by email. The delay of delivery or the loss of the Product due to the carrier is possible. In case of non-receipt, the Customer must imperatively report it by all means to KADOLIS in particular via the contact form: page-not-foundhpage-not-foundtpage-not-foundtpage-not-foundppage-not-foundspage-not-found:page-not-found/page-not-found/page-not-foundwpage-not-foundwpage-not-foundwpage-not-found.kadolis.com/fr/nous-contacter.
KADOLIS will contact the Post Office which will carry out an investigation that may last up to one month. If the Product is found, it will be immediately redirected to the delivery address of the Customer. On the other hand, if the Post Office concludes that the Product has been lost, KADOLIS undertakes to replace the ordered product at its expense. In the event of unavailability of this product, KADOLIS will reimburse the Customer in full and the Customer will not be entitled to claim damages.
Within the framework of private sales, the Customer is duly informed that delivery times may be extended by a fortnight. The refund of an article in private sale is not possible, except exercise of the right of retraction by the Customer. The return of an item purchased in private sale is the responsibility of the customer.
Article 7 : RECEPTION OF THE PRODUCTS
Upon delivery, the Customer is required to check the condition of the packaging of the Product ordered upon delivery. Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken Products...) must be indicated on the delivery order in the form of "handwritten reserves", accompanied by the signature of the Customer. The Customer must also report this anomaly or any other anomaly detected after the departure of the deliveryman by registered mail with acknowledgement of receipt addressed to the carrier within three (3) working days following the date of delivery under penalty of foreclosure. A copy of this mail will have to be transmitted to KADOLIS:
Company KADOLIS SARL - 151 boulevard Elisabeth Boselli 49100 Angers - Metropolitan France
Article 8: RIGHT OF RETRACTATION
Concerning the Customer consumer (within the meaning of the French Code of consumption)
As from the reception of the Product(s), the consumer Customer has a period of thirty (30) clear days to exercise his right of retraction without having to justify his reasons or to pay penalties, except for the return costs. For orders of multiple Products delivered separately or for orders of a Product composed of multiple lots or parts whose delivery is staggered over a period of time, the period runs from the receipt of the last Product or lot or part.
If this period expires on a Saturday, Sunday or holiday, it is extended to the next business day.
To exercise the right of withdrawal, the Customer must notify KADOLIS of his decision to withdraw from his order within the period indicated above.
This notification must be made in writing, by any means and in particular
- Via the Customer Account.
- By e-mail to the address: [email protected]
- Or by returning to KADOLIS at the postal address indicated the form below:
(Please complete and return this form only if you wish to withdraw from the contract).
to the attention of the company KADOLIS SARL - 151 boulevard Elisabeth Boselli 49100 Angers - France
- I hereby notify you of my withdrawal from the contract for the sale of the goods (*) below
- Ordered on (*)/received on
- Order number
- Customer name
- Consumer Client Address
- Signature of the Consumer Client (only in case of notification of this form on paper)
(*) Delete as appropriate
The Customer has the choice between exchanging the Product (if it is just an exchange of color or size that does not involve a change in price) or being reimbursed the price. He must specify his choice at the time he informs KADOLIS of his withdrawal. If the Customer fails to do so, KADOLIS shall reimburse the Customer by bank transfer or by re-crediting the bank card used at the time of payment, at the Customer's convenience (or in the absence of a response from the Customer, by bank transfer).
Upon notification of his withdrawal, the Customer is required to return the Product(s) as soon as possible and within a maximum period of 30 days, either by Colissimo recommended or by carrier for furniture to the address: Société KADOLIS SARL - 151 boulevard Elisabeth Boselli 49100 Angers - France
The Products must imperatively be in new condition, without any trace of use, be accompanied by their accessories and instructions for use or assembly, if any, and carefully packed in their original packaging. Products returned incomplete, damaged, soiled or without packaging shall be refused or returned to the Customer in the same condition, unless the said defects correspond to those noted by the Customer and which are the subject of the return.
KADOLIS shall have a maximum of 14 days from the time the Client notifies it of its wish to exercise its right of withdrawal to reimburse the price of the Product(s) and the delivery costs or to exchange the Product. It is recalled that the return of Products is free for the Customer.
Consequently, KADOLIS shall reimburse the Customer or deliver the replacement Product(s), as soon as the Products have been returned to it and no later than 14 days after the Customer has been notified of the exercise of its right of withdrawal.
In accordance with the provisions of Article L. 221-23 of the Consumer Code, the Customer is responsible for the handling of the Products and the depreciation of their value during the withdrawal period. In this respect, KADOLIS reserves the right to incur liability in the event of depreciation of the products returned within the framework of the exercise of the right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these products.
- Exclusion of the withdrawal period
As a reminder, in accordance with the legislation in force, the right of withdrawal does not apply to the following orders:
- The supply of products that may have been made at the request or according to the specifications of the Customer or clearly personalized;
- Goods that cannot be separated from other products;
- The supply of products that are likely to deteriorate or expire quickly.
- Supply of goods that have been unsealed or damaged by the Customer after delivery and that cannot be returned for reasons of hygiene or health protection.
- Concerning the professional Customer
Unless it falls within the three cumulative criteria provided by Article L. 121-16-1 of the Consumer Code and is able to justify it to KADOLIS, THE 14 DAY RETRACTION PERIOD DOES NOT APPLY TO THE PROFESSIONAL CUSTOMER
Article 9: PRODUCT WARRANTIES
9.1. The Company KADOLIS guarantees that all selected Products are manufactured in compliance with European safety standards.
9. legal guarantees: For the Products sold via the Site, KADOLIS is held responsible for the defects of conformity of the good to the Contract under the conditions of article L. 217-3 and following of the Code of consumption and the hidden defects of the thing sold under the conditions envisaged in articles 1641 and following of the Civil code. With regard to the guarantee of hidden defects, the Customer may decide to implement this guarantee within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
It is reminded that the consumer Customer, within the framework of the legal guarantee of conformity, benefits from a period of two (2) years as from the reception of the Product to act. This legal guarantee of conformity applies independently of the commercial guarantee (the "manufacturer's guarantee") that may cover the Product ordered on the KADOLIS Site.
Still within the framework of this legal guarantee of conformity, the Customer is exempted from proving the existence of the defect: the defects are thus presumed to exist at the time of receipt of the Product unless this presumption is incompatible with the nature of the Product or of the defect invoked.
To benefit from the legal guarantee of conformity or the guarantee of hidden defects for a Product sold directly by KADOLIS, you can contact the customer service at the following e-mail address: [email protected] or via the tab "Contact Us" present on the Site (page-not-foundhpage-not-foundtpage-not-foundtpage-not-foundppage-not-foundspage-not-found:page-not-found/page-not-found/page-not-foundwpage-not-foundwpage-not-foundwpage-not-found.kadolis.com/fr/nous-contacter)
Under the legal guarantee of conformity, the Customer may choose between repairing or replacing the said Product, subject to the cost conditions provided for in Article L. 217-12 of the Consumer Code. Any costs of returning the Product that is subject to a lack of conformity will be borne by KADOLIS.
In this case:
-Any Product repaired within the framework of the legal guarantee of conformity will benefit from a guarantee extension of six (6) months;
-If the Customer chooses to have the Product repaired but this is not possible, the Product may be replaced and a new period of legal warranty of conformity will run for the new Product;
-Any period of immobilization of the Product during the warranty period suspends the warranty that remained until the delivery of the Product brought back into conformity.
Furthermore, in the event of a hidden defect within the meaning of the law, KADOLIS undertakes, at the Customer's option, to replace the Product (if the said Product is available in stock) or to reimburse the Product thus affected (return paid for by KADOLIS), provided that the said defect has been reported to KADOLIS within eight (8) days, following the date on which the Customer should reasonably have discovered it.the costs of return to metropolitan France shall be borne by KADOLIS.
Within the framework of the implementation of these various guarantees, the conditions for taking charge of the Product ordered on the Site may vary according to the agreements concluded between KADOLIS and any manufacturers of the said Product.
The Customer is duly informed that he/she may either return the non-compliant Product to KADOLIS, or apply a specific procedure that will be transmitted to him/her by the manufacturer of the Product concerned.
In all cases, in the absence of a noted anomaly or in the event of abnormal use of the Product (use not in accordance with its instructions, for example), KADOLIS shall not proceed with the repair, reimbursement or exchange of the said Product and shall reserve the right to invoice the travel and labour costs incurred.
Likewise, in accordance with Article L. 217-5 of the Consumer Code, the Customer may not contest the conformity of a Product by invoking a defect concerning one or more particular characteristics of which the Customer has been specifically informed that they deviate from the conformity criteria, a deviation to which the Customer would have expressly and separately consented upon conclusion of this Contract.
9.3. In addition, the Products purchased on the site www.kadolis.com are guaranteed for 1 year from their delivery for any other damage not falling within the scope of the legal guarantees. In order to benefit from the warranty, the Customer must keep the purchase invoice.
9.4. To exercise these various guarantees (legal and commercial), the Customer must contact KADOLIS at the e-mail address [email protected] or via the tab "Contact Us" present on the Site(page-not-foundhpage-not-foundtpage-not-foundtpage-not-foundppage-not-foundspage-not-found:page-not-found/page-not-found/page-not-foundwpage-not-foundwpage-not-foundwpage-not-found.kadolis.com/fr/nous-contacter)
9.5. In all the cases, the conditions of return described in the procedure relating to the right of retractation are then applicable.
Article 10: COMPLIANCE WITH THE RULES OF USE BY THE CUSTOMER / SECURITY OF THE SITE
10.1 Compliance with the rules of use: The Customer is able to take advantage of the features offered by the Site. Generally speaking, the Customer shall refrain, in the context of the use of the Site, from engaging in acts of any kind whatsoever, such as the drafting, publication and posting online, the transmission and dissemination of data and/or content that would be contrary to the law, would infringe public order, or the rights of KADOLIS or third parties. In particular, without this list being restrictive, the Client undertakes to respect the following rules when using the Site
-Not to use a false identity in order to deceive others and to communicate accurate information when using the Site and when ordering Products from KADOLIS;
-To comply with the laws in force and to respect the rights of third parties, as well as the present stipulations of the General Conditions;
-To use the Site in a loyal manner, in accordance with its purpose and in compliance with the legal provisions, regulations and practices in force;
-To respect the intellectual property rights pertaining to the content provided by KADOLIS as well as the intellectual property rights of third parties such as the creator of the Site or, possibly, the creator(s) of the Products; consequently, the Client shall refrain from reproducing and/or communicating to the public, by means of the Site, one or more contents without the authorization of the holders of the rights pertaining to these contents, when this is required;
-Not to divert or attempt to divert any of the functionalities of the Site outside of its normal use as defined in these General Conditions;
-Not to overload the Site in any way whatsoever;
-Not to retrieve information from the Site on a massive scale and without prior authorization;
-Not to use, to navigate on the Site, a software robot or any other process or equivalent automated tool;
-Not to disseminate data, information or content that would diminish, disorganize or prevent the normal use of the Site;
-Not to carry out advertising activities without the prior and explicit agreement of KADOLIS.
In the event of a breach by a Client of one or more of these rules, KADOLIS reserves the right to unilaterally suspend and/or terminate these General Conditions and any associated contracts or special conditions and/or to block the orders and/or of the Client concerned, and/or to block its access to all or part of the Site, without any compensation.
10.2 Security of the Site: KADOLIS shall make its best efforts, in accordance with the rules of the art, to secure the Site with regard to the risk incurred and the nature of the data processed.
KADOLIS constitutes an automated data processing system.
It is forbidden for the Client to access or maintain, fraudulently, all or part of the Site. It is forbidden to use an access method other than the interface made available by KADOLIS. It is recalled in this regard that Articles 323-1 et seq. of the Penal Code punish with penalties of up to five (5) years imprisonment and a fine of 150,000 euros, in particular
oFraudulent access and maintenance in an automated data processing system;
oThe fact of obstructing this system;
o Fraudulent deletion, modification or addition of data in this system.
In the event of discovery of such a method or if the Client enters a reserved and private space (account of another Client for example), without right, inadvertently, the Client undertakes to inform KADOLIS without delay by e-mail at [email protected] so that the latter can take the necessary measures.
The Customer is also prohibited from deleting or modifying data contained on the Site, or fraudulently introducing data or even altering the operation of the Site. In particular, the Customer shall not introduce any virus, malicious code or any other technology harmful to the Site.
Any access to a prohibited area will be considered as fraudulent access.
The Customer undertakes to consider that all the data of which he will have knowledge at the time of such an access to an unauthorized space are confidential data and undertakes, consequently, not to reveal them.
The Customer agrees not to carry out any operation aimed at saturating a page, bouncing operations or any operation that would hinder or distort the functioning of the Site.
The Customer undertakes not to use devices or software of any kind that would have the effect of disrupting the proper functioning of the Site. In particular, the Customer undertakes not to use, in order to navigate on the Site and use the functionalities of the latter, a software robot or any other equivalent automated process or tool.
The Customer undertakes not to take any action that would impose a disproportionate burden on the Site's infrastructure.
The Customer accepts the characteristics and limits of the Internet. He is aware that the data circulating on the Internet are not necessarily protected, particularly against possible misappropriation.
Finally, the Customer agrees to take appropriate measures to ensure the security of its own data and / or software from contamination by any viruses on the Internet.
Article 11: RESPONSIBILITY AND FORCE MAJEURE
11.1 The company KADOLIS commits itself to make its best efforts to provide the services proposed on the Site with diligence and according to the rules of the art, being specified that it weighs on it an obligation of means, with the exclusion of any obligation of result, which the Customer recognizes and accepts expressly.
Its responsibility is exclusively limited to the provision of the services offered on the Site according to the terms and conditions described herein, to the exclusion of any other service.
In its capacity as publisher of an Internet site, KADOLIS cannot be held responsible for the execution of a service, and in particular because of
-Erroneous information provided by the Customer;
-The cancellation or the modification of an order by a Customer
Moreover, the Site can mention links towards other external sources. Given that KADOLIS cannot control these external sources, it cannot be held responsible for the content, products, services, advertising or elements available on these external sources. KADOLIS invites the Client to take cognizance of the conditions of sale and/or use that may be available on the said external sources and which are fully enforceable against it.
11.2. KADOLIS reminds the Customer that THE USE OF PRODUCTS SOLD BY KADOLIS DOES NOT REPLACE THE CARE OF ALL ADULTS. Consequently, KADOLIS cannot be held responsible for the misuse of the Products sold.
11.3. Limitation of liability of KADOLIS: The liability of the company KADOLIS towards the Customers in respect of the service that it offers (online sale of Products) shall not exceed two (2) times the amount that it has received from the Customer in respect of the said service that the latter has chosen.
Thus, in the event that a Client should suffer damage of any kind whatsoever as a result of a fault committed by KADOLIS in the performance of the service, the compensation that the Client may obtain from KADOLIS shall not exceed two (2) times the amount of the price paid by the Client for the service selected.
11.exclusion of responsibility of KADOLIS: The responsibility of KADOLIS could not be committed in the event of non-execution or of bad execution of the contract due, either to the fact of the Customer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to the force majeure such as described in 11.5 of the present.
More generally, and unless expressly provided otherwise, under no circumstances shall KADOLIS or its managers, employees or agents be held liable for any damage, direct or indirect, resulting from the use of the Site or the services offered therein, from any content of the Site or from other elements accessible or downloaded from the Site, even if KADOLIS is aware of or has been informed of the possibility of such damage occurring.
Furthermore, KADOLIS does not guarantee that :
- The services offered via the Site, which are subject to constant research in order to improve their performance and progress, will be totally free of errors, defects or faults;
- The services and Products offered via the Site are not offered for the sole intention of the Customer according to his own personal constraints and will specifically meet his needs and expectations.
11.force Majeure: Neither party shall have failed to perform its contractual obligations to the extent that their performance is delayed, hindered or prevented by a fortuitous event or force majeure. Except if the continuation of the contract is made impossible, the force majeure does not put an end to the contract but postpones the deadlines until cessation of the disorder preventing its execution.
Article 12 : INTELLECTUAL PROPERTY
The entirety of the contents (texts, general structure, logos, graphic charters, software, programs, domain names, comments, works, illustrations, images, soundtrack...) including the underlying technology, displayed on www.kadolis.com, are the exclusive property of the Company KADOLIS or of its service providers. As such and in accordance with the provisions of the Code of the Intellectual Property, only the use for a private use is authorized, subject to provisions different even more restrictive from the Code of the intellectual property. Any other use and in particular any total or partial reproduction is strictly prohibited and is constitutive of counterfeit within the meaning of the Code of the Intellectual Property, except preliminary authorization of the company KADOLIS.
The Customer who has an Internet site and who wishes to place on his site a simple link referring directly to the home page of the site www.kadolis.com, must ask for the authorization to the company KADOLIS SARL, without that can be regarded as an implicit agreement of affiliation. Any link, even tacitly authorized, will have to be withdrawn on simple request of KADOLIS SARL.
In addition, KADOLIS is the producer of the databases of the services offered via the Site. Consequently, any extraction and/or re-use of the database(s) within the meaning of Articles L. 342-1 and L. 342-2 of the Intellectual Property Code is prohibited.
The Customer shall also refrain from deleting, removing, or concealing in any way whatsoever the property marks of KADOLIS on the Product, or from conspicuously displaying said property marks, labels or brands on copies of the Product.
This section shall survive the termination hereof for any reason or cause.
KADOLIS reserves the right to claim damages in the event of infringement of its intellectual property rights.
-Focus on the right to the image of the Products present on the Site
All visuals of the Products directly displayed on the Site are protected by one or more intellectual property rights as well as by a right to image. As such, and apart from the exceptions provided for by the Intellectual Property Code, Customers are not authorized to carry out one or more acts of reproduction, imitation, representation and/or reuse, including partial, of the said visuals, in any capacity whatsoever and for any purpose whatsoever without making a prior request and after express acceptance by KADOLIS.
Any use of the said visuals of the Products without prior express authorization granted exclusively by KADOLIS is likely to constitute an act of counterfeiting. in this respect, KADOLIS reserves the right to take legal action before the French courts, which have sole jurisdiction in this matter.
Article 13: PERSONAL DATA
In accordance with Regulation (EU) 2016/679 on the Protection of Personal Data (hereinafter "the Regulation"), KADOLIS is responsible for the processing of data implemented in the context of the service subject to these Terms. In this capacity, it undertakes to comply with the rules and obligations provided for by the said Regulation.
The Client is informed in particular that the information it communicates to KADOLIS is always essential to the proper performance of the services provided herein. This information is mainly intended for the internal personnel of KADOLIS duly authorized to process them.
The Confidentiality Policy is annexed to the present General Conditions and is accessible by clicking on the following link: https ://www.kadolis.com/fr/content/7-politique-de-confidentialite.
INFORMATION CONCERNING THE FIGHT AGAINST THE TELEPHONIC DEMARCHING/BLOCTEL: Although KADOLIS does not use the telephone data of its Customers at ends of canvassing in particular commercial, KADOLIS informs you of your right to register you on the list of opposition to the telephone demarching BLOCTEL, on the site www.bloctel.gouv.fr
Article 14: APPLICABLE LAW - LITIGATION
The General Terms and Conditions, all acts and operations under the present as well as the rights and obligations of the parties to the present shall be governed by and interpreted in accordance with French law, and the parties agree to submit to the jurisdiction of French courts.
In the event that a dispute with KADOLIS in connection with an order could not be settled in the context of a prior complaint filed with KADOLIS for less than one (1) year, the Customer consumer is informed that he has the opportunity to refer free of charge to the mediation service for consumption, the FEVAD, in accordance with Articles L. 616-1 and R. 616-1 of the Consumer Code. The costs of lawyers or other advice taken by the Customer remain however at his expense. The referral to the FEVAD must be made in writing with detailed arguments and a copy of the documents justifying the request. The Customer must indicate his telephone number or e-mail address. The referral to FEVAD can be made electronically directly on the website [email protected] or by post:
FEVAD - Service du médiateur du e-commerce de la FEVAD
60 rue la Boétie, 75008 Paris
In case of failure of the mediation with the FEVAD, two hypotheses are possible:
-For the Consumer Customer
In the event that no amicable solution is found within a reasonable period of time, and in the event of a dispute arising from the interpretation or execution of these General Terms and Conditions, the competent court will be that of the defendant's place of residence or, at the plaintiff's option, the place of actual delivery of the Product.
-For the Professional Customer
In the event that no amicable solution is found within a reasonable period of time, the courts of the jurisdiction of the Court of Appeal of ANGERS (France) shall have exclusive jurisdiction, notwithstanding multiple defendants, warranty claims and emergency proceedings.
Kadolis is registered with the National Register of Furniture Manufacturers under the number FR017598. This number guarantees that Kadolis, by joining Eco-mobilier, complies with the regulatory obligations incumbent upon it under Article L 541-10-1 10° of the Environmental Code.
Pursuant to Article L.541-10-13 of the Environmental Code, the unique identifier FR017598_10QKRJ has been assigned by ADEME to Kadolis, certifying that it is registered in the register of eco-organizations and is up to date with its eco-contributions.