General conditions of sale
- Preamble
- Purpose
- Geographical area of the offer
- Client Acceptance
- Products Features
- Order taking
- Confirmation of the order
- Product Availability
- By price
- Payment
- Delivery
- Follow up of the order
- Non-conformity
- Warranty
- Force majeure
- Intellectual Property
- Personal data
- Evidence
- Applicable law
Preamble
These general terms and conditions apply exclusively between, on one hand, KAORIGIN SAS
ZA de Grange Venin
38330 SAINT LAURENT DU PONT
N° SIRET: 50013509000016
Tel. (33) 04 76 06 34 50
Fax: (33) 04 76 31 29 74
Mail: use the contact form
Hereinafter called Kaorigin,
And in the other hand, any physical person willing to purchase on line on the site www.kaorigin.com as a consumer, i.e for private purposes, hereinafter called the client.
The professionals shall contact Kaorigin directly in order to define specific sales and shipping conditions.
All information displayed on the www.kaorigin.com (hereinafter referred to as the “Site”) are presented in French. The client may nevertheless opt for a presentation in English.
Purpose
The purpose of these General Conditions of Sale is to define the rights and obligations of the parties in the context of an on-line selling of products offered by Kaorigin.
Geographical area of the offer
The offer on line of Kaorigin’s products is reserved to clients located in France and Europe. The products will only be delivered in this area.
For any order to be delivered in other countries, please contact directly Kaorigin by phone (33) 04 76 06 34 50 or use the contact form.
Client Acceptance
The Kaorigin General Conditions of Sale, can be read on the site and can be printed.
The fact of a client having clicked on the button "I acknowledge the General Conditions of Sale and I accept them", before validation of the order means automatically acknowledgement and acceptance of the General Conditions of Sale. These General Conditions of Sale sets forth the entire agreement of the parties unless otherwise agreed in writing.
These General Conditions are subject to change at any time. Therefore the client is advised to read them regularly. Each order is subject to the General Conditions of Sales on-line on the date of the order.
Products Features
Kaorigin presents to its best ability the main features of each product, using information provided by the manufacturers and designers.
Kaorigin will not be responsible for provision of erroneous information, transmitted by the manufacturers and designers.
The photographs of the products on the Site are not contractual. They are as ___as possible but Kaorigin cannot ensure a full similarity with the concerned products, especially for what concerns the colours or the precise location of the design on the product.
Order taking
The client is bound by the information that he provides during the ordering procedure. Kaorigin will not be responsible for delayed delivery or erroneous shipping of products due to badly completed order forms.
The “approval click” that the client make once he has filled his order form represents the confirmation of his order and will constitute an irrevocable agreement to contract with Kaorigin for the products that have been selected unless otherwise specified in these General Conditions of Sale.
In accordance with the provisions of Section 121-20-2 of French Consumer Code, the products being customized according with the client’s specifications, the client will not be entitled to exercise a right of withdrawal.
Confirmation of the order
The client will receive an acknowledgement of receipt by e-mail confirming the order and containing a summary of items such as the list of ordered products, price, date of delivery, shipping costs,….)
The client is advised to retain such acknowledgement of receipt which constitutes evidence of the order.
Kaorigin reserves its right to reject the order in case of payment issues concerning a previous order.
Product Availability
Depending from the products, Kaorigin works, on the basis of a certain stock level, using just-in-time methods with its suppliers and designers. Therefore, products are available while stocks last, whether “in-house” at Kaorigin’s premises or with the Kaorigin’s suppliers.
The client will be informed during the order taking process of the availability of the product and/or design by e-mail.
If the client is willing to purchase a product/design temporarily unavailable, the order will be suspended and the client may, at his option, be later notified by e-mail the availability schedule for the selected product/design.
By price
All prices are given in Euros, with all taxes included, excluding transportation charges.
The prices include the VAT applicable at the date of the order. Any change of VAT will be passed on the prices of the products.
Suppliers’ prices being subject to constant variations, the current price list is likely to change at any time. Prices may also vary because of launching prices special offers or sales.
All prices given are correct, except in case of typographical errors. The prices do not include the shipping costs to be extra charged to the client. Said costs will be indicated in the confirmation of the order. The products will be shipped via Chronopost
Payment
The client undertakes to pay the total price of the products (price of products and shipping costs) as stipulated on the Site.
The price is payable upon validation of the order.
The client may pay for his order :
- by credit card as proposed on the Site. When approving the order form, the client ensure that he has all authority needed to use such a method of payment by credit card.
- by cheque or bank transfer payable to Kaorigin. Failing receipt of the cheque or the bank transfer ten (10) days from the confirmation of the order by Kaorigin or in case of rejection by the bank of cheque or bank transfer, Kaorigin is entitled to cancel the order.
However Kaorigin will not debit the client’s account before starting the customization of the product or at Date of order+5, for personal designs while waiting until your CD is received at KaOrigin.
But Kaorigin will proceed to the cashing upon receipt of the cheque and will proceed to the customization only once its bank account has been credited.
Delivery
Products are delivered to the address indicated by the client in the order form at the latest ten (10) working days after the payment by credit card the cashing of the cheque or the receipt of the bank transfer.
The delivery note given by the carrier, dated and signed by the client upon delivery will constitute an evidence with regard to transport and delivery.
The client shall check the content of the parcel, the conformity and the condition of the product(s) on delivery thereof.
In the event of delays, damages, total or partial losses, or any problem whatsoever, the customer shall be responsible for exercising all claims against the carrier. Kaorigin shall never be held liable for any reason whatsoever.
Therefore, Kaorigin advises the client to check the condition of the products upon delivery and before signing the acknowledgement of receipt of the parcel.
If the customer notes any damage he shall reject the products or issue handwritten, precise and dated reservations. These reservations must be confirmed by registered letter with recorded receipt sent to the carrier within three (3) working days following the delivery date of the products. A copy shall be sent to Kaorigin.
In the event of the client’s absence at the time of the delivery, the carrier will leave a delivery notice at the delivery address given by the customer. The products shall be collected at the address indicated by the carrier and according to the carrier’s instructions.
Follow up of the order
The client will be informed by e-mail of the validation of the payment by the bank, the start of the customization and the shipment of the product.
Non-conformity
Claims related to the non conformity of the delivered product(s) with the order shall be made in writing directly to Kaorigin by e-mail, fax or post mail.
All products delivered by Kaorigin are covered by a legal warranty of conformity as stipulated in the Section L.221-4 to L.221-10 of the French Consumer Code.
The client undertakes to return to Kaorigin at his expenses said product within seven (7) days from its receipt in its original condition and packaging, together with all the associated documents.
Once Kaorigin has received the product in due form, it will, at its expenses, send the product initially ordered by the customer.
Warranty
The client benefit from the contractual warranty granted by the manufacturers against defects.
Clients are protected by legal guarantees described under Section L211-1 of the French Consumer Code.
To implement the warranty, the client shall return the product at its expenses to Kaorigin, with the original invoice.
Kaorigin undertakes to return an identical product at its expenses, except in case of stock out or a withdrawal of the concerned product from the range proposed by the suppliers or withdrawal of the design. In this latter case, Kaorigin will refund the client.
Force majeure
It is expressly understood that are considered as cases of force majeure, in addition to those which are usually retained by the case law in France :
- total or partial strikes, interruption of transport facilities or of procurement for any reason whatsoever, legal or governmental restrictions, computer breakdown, interruption of telecommunications including communication networks and especially internet.
Should a case of force majeure occurs, the fulfillment of the order will in a first step be suspended.
If after a two (2) months period, the parties ascertain the continuance of said case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.
Intellectual Property
All elements contained in the Site shall remain proprietary to Kaorigin or third parties.
Consequently, the reproduction of any element (visual or text) contained in the Site on any medium whatsoever, the use of such elements for whatever reason are strictly prohibited.
Personal data
Pursuant to Act dated January 6 1978, the client may exercise its right of access, opposition correction and deletion of the information related to him by writing to Kaorigin by post mail or e-mail at the hereinabove mentioned address.
Evidence
Order forms and invoices are stored by Kaorigin on a reliable and permanent medium so as to constitute a mean of evidence as per provisions of Section 1648 of the French Civil Code
Computer-based registers, recorded in the computer system of Kaorigin shall be deemed to be the evidence of the communications, orders and payments that have occurred between the parties.
Applicable law
These General Conditions of Sale are governed by French law
