General Terms & Conditions of Sale – www.krisvanassche.com
The present General Terms & Conditions of Sale have been agreed upon on the one hand by the limited liability company AUGUST H RETAIL (registered trademark KRISVANASSCHE), with capital of 1.000,00 Euros, having its head office located at Paris, 75011, 42 rue du Faubourg du Temple, registered with the companies and trade register of Paris under the number SIRET 790 148 746, hereinafter referred to as "KRISVANASSCHE", and on the other hand, by any physical person who is not operating for professional purposes or linked to the activity of the company, wishing to proceed with a purchase via the Internet site of KRISVANASSCHE, hereinafter referred to as "the buyer".
a- The present General Terms & Conditions of Sale are aimed at defining the contractual relationship between KRISVANASSCHE and the buyer and the conditions applicable to any purchase made through KRISVANASSCHE commercial website.
b- The acquisition of a good or a service through the present site implies an unconditional acceptance by the buyer of the present General Terms & Conditions of Sale. Before proceeding with the purchase of goods through the order form, the buyer is requested to carefully read through the General Terms & Conditions of Sale and the Shopping Guide of Krisvanassche.com. The indications contained in the Shopping Guide in fact constitute an integral and substantial part of the present General Terms & Conditions of Sale, and as a result, are considered as being completely acknowledged by the buyer and accepted at the time of the transmission of the order form.
c- These General Terms & Conditions of Sale prevail over all other general or specific conditions not expressly agreed to by KRISVANASSCHE.
d- KRISVANASSCHE reserves the right to be able to modify its General Terms & Conditions of Sale at any time. In that case, the applicable conditions are those in force on the date of the order by the buyer.
e- If you have any questions regarding our General Terms & Conditions of Sale or our confidentiality policy, you can direct them to the customer service of KRISVANASSCHE, who can be contacted by email at firstname.lastname@example.org or by telephone on +33 (0)1 48 04 03 31 from Monday to Saturday from 10 am to 7 pm (excluding holidays) Paris time.
2- Characteristics of the goods and services offered
a- The goods offered are those that appear in the catalogue published on the website of KRISVANASSCHE, accessible at the address www.krisvanassche.com.
b- These goods are offered within the limits of available stocks.
c- The essential characteristics of the goods are presented on Krisvanassche.com in each product sheet. The photographs of the online catalog are as accurate as possible, but nevertheless cannot guarantee a perfect similarity with the product offered. Differences can arise due to the color quality of the photographs, the difficulty in showing the execution of the materials on the screen, or even, without however being exhaustive, the technical adaptation. These differences cannot in any case be interpreted as conformity defects and cannot result in the cancellation of the sale.
a- The price of any good is the one stipulated on KRISVANASSCHE Website, at any given time, except in the case of obvious errors.
b- Prices appearing in the online boutique are all inclusive prices in Euros including the VAT applicable on the date of the order; any change in the rate can be passed on to the price of the products or services.
c- The indicated prices do not include the delivery charges, which have to be added to the total amount due, in accordance with what has been laid down in the terms of our delivery tariffs, which can be seen in the Shopping Guide under the heading DELIVERY.
d- KRISVANASSCHE reserves the right to modify its prices at any time, with it nevertheless being understood that the price appearing in the online boutique on the day of the order is the only one applicable to the buyer.
e- All the orders, regardless of what their origin is, are payable exclusively in Euros.
4- Geographic area
a- The online sale of the articles presented on Krisvanassche.com is open to buyers of any country in the drop-down menu at the time of the creation of the account.
b- Since delivery outside of the European Union is done on the basis of DPA (Delivery At Place), the seller has delivered since the goods are put at the disposal of the buyer instead of destination suited. The seller accepts the risks bound to the routing up to the place of destination. The seller is in charge of export formalities but this one has on the other hand no obligation concerning customs formalities in the import.
5- Ordering process
a- The buyer who wishes to purchase a good on Krisvanassche.com must follow the following buying process, once the selection of the articles is completed in the shopping bag :
– click on the box SHOPPING BAG on the top right of the page, then click on « order »;
– validate the shopping bag by checking the sizes and quantities selected for each product;
– create an account on KRISVANASSCHE site by filling up the identification sheet on which he/she must indicate all the contact details requested, or give his/her mail and password if he/she already has an account;
– verify his/her order, the addresses for delivery and billing of the purchase order and validate;
– execute the payment according to the conditions stipulated;
– confirm his/her order and authorise his/her payment.
b- The confirmation of the order involves acceptance of the present General Terms & Conditions of Sale, the acknowledgement of having perfect knowledge of them, and the relinquishing of the right to invoke his/her own conditions of purchase or any other conditions.
c- The totality of the information provided and the confirmation registered will amount to proof of the transaction. The confirmation will amount to signature and acceptation of the operations executed.
d- KRISVANASSCHE will communicate by electronic mail the confirmation of the order that is registered.
e- The buyer pledges to be over eighteen year of age on the date of the order, or failing that, to possess a parental authorization in order to execute the order.
f- In case of non-compliance of the present Conditions by the buyer, KRISVANASSCHE reserves the right to cancel all or part of the orders in process, or to suspend the deliveries of the goods.
6- Terms and conditions of payment
a- The price is payable at the time of placing the order.
b- The buyer can make the payment online through VISA / MASTERCARD / AMERICAN EXPRESS bank cards or via PAYPAL. The buyer guarantees to the company KRISVANASSCHE that he/she possesses the authorizations that may eventually be required for using the mode of payment selected by him/her, at the time of the validation of the purchase order.
c- The cards issued by banks located outside of France must necessarily be international bank cards.
d- Payments are executed by means of the secure payment system OGONE, which uses the SSL (Secure Socket Layer) protocol in such a way that the information transmitted is encrypted using software and no third party can come to know of it during the course of the transport on the network. The buyer can observe that the transmission is encrypted using software since the symbol of the lock appears in the browser. The transaction is carried out through HSBC Bank, which is the only one that possesses the banking information provided on the site at the time of the payment.
e- The account of the buyer is debited only at the time of the dispatch of the articles available, and only for the amount of the articles actually dispatched after verification of the stocks.
f- The buyer can download and print an invoice which shows the VAT via his/her KRISVANASSCHE account, under the heading LOGIN > Orders > See the invoice.
a- Deliveries are made to the address indicated on the purchase order, which can only be in the geographic area as agreed upon in the article 4-a- of the present General Terms & Conditions of Sale.
b- The risks are the liability of the seller to the delivery place.
c- Details about the terms & conditions, tariffs and delivery schedules are specified under the heading “DELIVERY” of the Shopping Guide, which forms an integral and substantial part of the present General Terms & Conditions of Sale, as indicated in the article 1-b- hereabove.
d- Delivery schedules are only given as a reference by the service provider FEDEX. They are generally from 1 to 3 days (except for the sale period during which the delivery schedules can be longer). If these go beyond thirty days starting from the placing of the order, the sales contract can be terminated and the buyer reimbursed.
8- Right of revocation, returns and exchanges
a- In the context of distance selling, the buyer, a non professional physical person, has a period of
15 (fifteen) days counting from the delivery of his/her order to exercise his/her right of withdrawal, in order to return the article to KRISVANASSCHE for exchange, or full or partial refund.
b- The charges for returning the articles as well as the associated risks are the responsibility of the seller if the buyer uses FEDEX, they are the responsibility of the buyer if he/she uses another way of sending.
c- The right of withdrawal applies only to goods that are returned in the same condition as the one in which they had been received by the buyer. The buyer must send back all elements of his/her order (labelled articles, documents and packaging). Any article that is damaged, or which is not in the same condition as the one in which it was received, or which has been used just after it has been opened, is not reimbursed.
d- To use his/her right of revocation, the buyer can call the provider FEDEX which will pick up the goods at his/her place.
e- The goods must be sent back to the following address: KRISVANASSCHE – 42 rue du Faubourg du Temple – 75011 Paris FRANCE.
f- Except if the buyer requests an exchange of the good (another size and/or colour), the refund of the total price billed (including the initial delivery charges) of the returned goods will be effected by a credit to the bank card used by the buyer, at the latest within 30 (thirty) days following the date on which the right of withdrawal has been exercised. However, in the case of a partial exercising of the right of withdrawal relating to only one part of an order containing several articles, KRISVANASSCHE will not be in a position to reimburse the totality of delivery charges initially billed to the buyer.
g- In case of a damaged package or missing products, it is up to the buyer to express reservations:
- Either on the handing over (delivery) note of the package;
- Either within a period of forty eight (48) hours after receipt of the package by mail at the following address: email@example.com or by registered letter with acknowledgement of receipt at the following address: KRISVANASSCHE – 42 rue du Faubourg du Temple – 75011 Paris FRANCE.
In the absence of reservations expressed in the forms mentioned hereabove, the order will be deemed to be accepted and the products delivered.
h- Our policy above is applied to the sale items, with the exception that KRISVANASSCHE will not allow exchanges and that returns will be at the buyer's expense.
a- All the goods supplied by KRISVANASSCHE are covered by the legal guarantee provided by articles 1641 and the followings of the Civil Code.
b- For the defective articles, the buyer benefits from a guarantee enabling him/her to return them in accordance with the articles L.211-4 and onwards of the Consumption Code.
c- In case of non conformity of a product sold, it can be returned to KRISVANASSCHE, which will take it back, exchange it or reimburse it.
d- All the claims, exchange or refund requests must be executed via the postal route at the following address: KRISVANASSCHE – 42 rue du Faubourg du Temple – 75011 Paris FRANCE within a period of 30 days from the date of delivery.
a- KRISVANASSCHE is only bound, for all the stages of order taking, as well as for the steps subsequent to the execution of the contract, by an obligation of means.
b- KRISVANASSCHE liability cannot be invoked for all inconveniences or damages inherent to the use of Internet, especially loss of data, external intrusion, presence of a computer virus, interruption or inaccessibility of the service, bugs, or other unintended problems.
c- KRISVANASSCHE is released from its obligations by the occurrence of events which constitute “force majeure”, acts of God or acts of the government. The sales contract binding KRISVANASSCHE and the buyer is then suspended ipso jure/by law, without any indemnities, from the date of occurrence of the event.
d- KRISVANASSCHE does not guarantee the results expected from a product and declines all responsibility for the consequences of a faulty use of a product, in case of allergies or any other consequences arising from a carelessness/imprudence committed in the use of the same. It is up to the buyer to carefully read the instructions and labelling of the products supplied by KRISVANASSCHE, and transcribed again by way of information on KRISVANASSCHE website in the item records of the products.
11- Intellectual property
a- KRISVANASSCHE website in its entirety and each of the elements that it is made up of (such as registered trademarks, domain names, texts, tree structures, animation software, images, photographs, illustrations, packaging, diagrams, logos, sounds and music) are the exclusive ownership of KRISVANASSCHE, or of the third parties who have duly authorised KRISVANASSCHE to use these elements, who is the only one authorised to use the said intellectual property rights.
b- No element of the website, whether it is software, visual or audio, can be used, reproduced, distributed or published entirely or partially without the prior written authorization of KRISVANASSCHE.
c- Creation of surface links or hypertext links to KRISVANASSCHE website is subjected to the written and prior authorization of KRISVANASSCHE, which can be revoked at any time.
d- KRISVANASSCHE disclaims any responsibility (especially editorial) regarding access to KRISVANASSCHE website – and to its content – having a hypertext link to or on KRISVANASSCHE website.
12- Data of a personal nature
a- In accordance with the law relating to data processing, data files and individual liberties, dated 6 January 1978, as modified by the Act no. 2004-801 dated 6 August 2004, information of a personal nature relating to buyers can be subjected to data processing.
b- The data processing of information, including the management of e-mail addresses of the users of the site, has been subjected to a prior declaration to the CNIL on 31.05.13, registered under the number 1675260 v 0.
c- KRISVANASSCHE reserves the right to collect information about buyers at the time of the ordering of the products. The information that is indispensable/absolutely essential to KRISVANASSCHE for executing the order is marked with an asterisk.
d- In case of refusal to communicate the information that is marked as compulsory, KRISVANASSCHE will not be in a position to deliver the order.
e- The buyer undertakes to communicate correct information, and which does not prove detrimental to the interests and the rights of any third parties.
13- Charter of confidentiality
a- KRISVANASSCHE undertakes to preserve the confidentiality of the personal data of the buyer, as provided in the Shopping Guide of the website under the heading “CONFIDENTIALITY”.
b- The buyer has a general right of access, modification, rectification and deletion of his/her personal data, that he/she can exercise by writing to firstname.lastname@example.org or by letter to KRISVANASSCHE – 18 rue du Faubourg du Temple – 75011 Paris FRANCE.
c- Cookies: KRISVANASSCHE may be required to introduce a cookie in the computer of the Internet user. A cookie does not make it possible to identify the Internet user; but on the other hand, it records the information pertaining to the navigation of his/her computer on the www.krisvanassche.com site (pages viewed, date and time of browsing, etc.) that KRISVANASSCHE will be able to read at the time of his/her subsequent visits. As a result, KRISVANASSCHE proposes to facilitate the navigation of the Internet user by recording information relating to the navigation of his/her computer on Krisvanassche.com, especially regarding the parameters of connection to his/her account. KRISVANASSCHE informs the Internet user that he/she can refuse the recording of "cookies" by configuring his/her own browser.
14- Settlement of disputes
a- The present General Terms & Conditions of Online Sale are governed by French law.
b- Any dispute that might arise in connection with the present General Terms & Conditions is submitted to Courts of Paris, notwithstanding the plurality of the defendants or the intervention of third parties.